[Federal Register Volume 83, Number 175 (Monday, September 10, 2018)]
[Notices]
[Pages 45726-45728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19632]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0247; FMCSA-2012-0128; FMCSA-2012-0217; FMCSA-
2012-0219; FMCSA-2014-0021; FMCSA-2016-0220]


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 134 
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 October 
10, 2018.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2010-0247; FMCSA-2012-0128; 
FMCSA-2012-0217; FMCSA-2012-0219; FMCSA-2014-0021; FMCSA-2016-0220 
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

[[Page 45727]]

be reviewed at http://www.dot.gov/privacy.

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. 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 134 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 134 applicants has satisfied the renewal conditions for obtaining 
an exemption from the diabetes requirement (75 FR 52813; 75 FR 64394; 
77 FR 48587; 77 FR 52384; 77 FR 56258; 77 FR 61655; 77 FR 64585; 77 FR 
65929; 79 FR 56107; 79 FR 73946; 81 FR 64257; 81 FR 79554; 81 FR 
80164). 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 October 
and are discussed below:
    As of October 8, 2018, and in accordance with 49 U.S.C. 31136(e) 
and 31315, Gary B. Bland (GA) has satisfied the renewal conditions for 
obtaining an exemption from the rule prohibiting drivers with ITDM from 
driving CMVs in interstate commerce (75 FR 52813; 75 FR 64394; 81 FR 
80164).
    This driver was included in docket number FMCSA-2010-0247. The 
exemption is effective as of October 8, 2018, and will expire on 
October 8, 2020.
    As of October 10, 2018, 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 (77 FR 48587; 77 FR 
61655; 81 FR 80164):

Dominick Bravata (IL)
Barry J. Drews (MI)
Mason L. Hall (SD)
Chad E. Hasler (MT)
Norman A. Latondresse (RI)
Robert C. Lister, Jr. (OH)
Robert E. Smith (GA)

    The drivers were included in docket number FMCSA-2012-0217. Their 
exemptions are applicable as of October 10, 2018, and will expire on 
October 10, 2020.
    As of October 19, 2018, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 11 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (75 FR 52813; 75 FR 
64394; 81 FR 80164):

Juan E. Boyd (NC)
Bradley R. Burns (OH)
Leo G. Dinero (GA)
Terry W. Ferguson (GA)
Thomas G. Flanagan (IN)
Donald K. Fraase (ND)
Jason W. Geier (MT)
Scott R. Grange (CA)
Bradley D. Heagel (IA)
Ronald D. Olson (WI)
Daniel E. Velasco (MD)

    The drivers were included in docket number FMCSA-2010-0247. Their 
exemptions are applicable as of October 19, 2018, and will expire on 
October 19, 2020.
    As of October 20, 2018, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 41 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 64257; 81 FR 
79554):

Ardell M. Banta, Sr. (IA)
Ronald I. Barker (MI)
John M. Bracken (PA)
Thomas E. Brennan (PA)
Matthew W. Brown (OK)
Norman Brown (ME)
Robert S. Downie, Jr. (PA)
Frank A. Eagen (WI)
Joseph F. Figueroa (WI)
Nolan Graves (MI)
Darryl W. Grimes (TN)
Henry L. Hardin (GA)
John L. Hargis (MO)
Howard C. Hayes (OK)
Karen A. Holzwarth (PA)
Michael R. Jacklin (WI)
Hershell D. Jones (KY)
William H. Kline (OH)
Mitchell A. Langford (OR)
Michael J. Lipovsky (CT)
Edward J. Manley (PA)
Joshua L. Mattas (PA)
Raymond E. McGuire (PA)
Ismael Mejia (WA)
Shane M. Olden (PA)
Wade B. Patrick (NY)
Shawn B. Persinger (WY)
Timothy J. Peterson (NE)
Stewart R. Rowell (TX)
William T. Shreeve (TN)
David L. Smith (TX)
James A. Stock (WI)
Marlon Taylor (OH)
Eddie B. Thacker (KY)
Earnest A. Tillman (FL)
William C. Tomlinson (GA)
Brennan S. Watkins (VT)
Julius Williams (MS)

[[Page 45728]]

Kevin A. Wilson (WV)
Jeffrey S. Wine (IA)
P.W. Woodard (NY)

    The drivers were included in docket number FMCSA-2016-0220. Their 
exemptions are applicable as of October 20, 2018, and will expire on 
October 20, 2020.
    As of October 21, 2018, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 58 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (79 FR 56107; 79 FR 
73946; 81 FR 80164):

Michael L. Agnitsch (NE)
Earl W. Avery (TN)
Michael A. Baker (CT)
Todd D. Bloomfield (WA)
Charles K. Bond (PA)
Christopher R. Cook (NY)
Wygila M. Corliss (NM)
Timothy J. Cornish (OH)
Evan R. Dieken (MN)
Richard A. Durr (IL)
George B. Ferris, Jr. (NY)
John B. Flood (MO)
David S. Fortune (VA)
John Galione (NJ)
Peter E. Ganss (KS)
Michael Hawkins (SC)
Rodney J. Hendricks (ID)
Timothy U. Herring (NC)
Richard L. Hines (NC)
David M. Hughes (UT)
Jammie L. Hughes (OH)
Andy L. Hughes (IL)
Rodney L. Johnson (OR)
Paul D. Kimmel (IA)
Scott M. Klain (OR)
Gregory L. Kuharski (MN)
Robert B. Langston, III (MS)
Mark W. Lavorini (PA)
William M. Linskey (MA)
Jason D. Lowder (OH)
Arnold V. Magaoay (HI)
Norman C. Mallett (AR)
Justin T. Mattice (AZ)
Leldon W. McCutcheon (AL)
Kenneth M. Miller (ID)
Richard E. Moore (NY)
Matthew K. Morrison (UT)
Edward L. Norfleet (AL)
Mark P. Norwood (NV)
Kyle R. Perry (PA)
Michael L. Plinski (WA)
Christopher M. Provance (NE)
James A. Rambo (VA)
Michael E. Reck (OH)
Rondo L. Rininger (IN)
James E. Seymour (PA)
Calvin R. Smith (IL)
Wesley J. Summerville (PA)
William R. Thome (IA)
Stephen M. Thompson (GA)
Randy L. Triplett (OH)
Steven R. Weir (MA)
Richard T. Whitney (MN)
Donald D. Willard (IA)
Gary W. Wozniak (NE)
Steven L. Yokom (ID)
Allan M. Younglas (PA)
Daniel R. Zuriff (MN)

    The drivers were included in docket number FMCSA-2014-0021. Their 
exemptions are applicable as of October 21, 2018, and will expire on 
October 21, 2020.
    As of October 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 52384; 77 FR 
64585; 81 FR 80164):

Patrick D. Fortier (MN)
Daniel J. Gladen (MN)
Walter V. Gruba (VA)
Marshall D. Howell (MI)
Duane J. Mullins (WI)
Louis R. Noellsch (WA)
Darrin W. Pettis (WA)
Michael J. Raposa (MA)
Keith J. Tavares (MA)
Phillip L. Truitt (MD)

    The drivers were included in docket number FMCSA-2012-0128. Their 
exemptions are applicable as of October 22, 2018, and will expire on 
October 22, 2020.
    As of October 31, 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 (77 FR 56258; 77 FR 
65929; 81 FR 80164):

Edward K. Belcher (KY)
Philip C. Brooks, Jr. (VA)
Michael R. Conley (MN)
Patrick J. Connors (MA)
John C. Halabura (PA)
Paul L. Harrison III (NY)
    The drivers were included in docket number FMCSA-2012-0219. Their 
exemptions are applicable as of October 31, 2018, and will expire on 
October 31, 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 134 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: August 30, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-19632 Filed 9-7-18; 8:45 am]
 BILLING CODE 4910-EX-P