Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Notices 33295 

Next, click ‘‘Open Docket Folder’’ and 

you will find all documents and 

comments related to this notice. 

Issued on: July 12, 2018. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2018–15261 Filed 7–16–18; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2006–24210; FMCSA– 

2010–0162; FMCSA–2012–0162; FMCSA– 

2012–0163; FMCSA–2014–0018] 

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 94 

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 August 16, 

2018. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

2006–24210; FMCSA–2010–0162; 

FMCSA–2012–0162; FMCSA–2012– 

0163; FMCSA–2014–0018 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 selfaddressed, 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. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Christine A. Hydock, Chief, Medical 

Programs Division, 202–366–4001, 

fmcsamedical@dot.gov, FMCSA, 

Department of Transportation, 1200 

New Jersey Avenue SE, Room W64–224, 

Washington, DC 20590–0001. Office 

hours are from 8:30 a.m. to 5:30 p.m., 

e.t., Monday through Friday, except 

Federal holidays. If you have questions 

regarding viewing or submitting 

material to the docket, contact Docket 

Services, telephone (202) 366–9826. 

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 twoyear 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 94 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 94 applicants has 

satisfied the renewal conditions for 

obtaining an exemption from the 

diabetes requirement (71 FR 32177; 71 

FR 45097; 75 FR 36775; 75 FR 50797; 

77 FR 36333; 77 FR 40941; 77 FR 46791; 

77 FR 51845; 79 FR 41723; 79 FR 56105; 

81 FR 91242). 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 August and are discussed 

below: 

As of August 6, 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 


daltland on DSKBBV9HB2PROD with NOTICES
33296 Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Notices 

driving CMVs in interstate commerce 

(77 FR 36333; 77 FR 46791; 81 FR 

91242): 

Bruce R. Bennett (MN) 

Stephen W. Best (PA) 

Steven D. Hancock (IN) 

Michael A. Hendrickson (OR) 

James B. Hills (KS) 

Charles Keegan, Jr. (NJ) 

Londell W. Luther (MD) 

Darrell L. Meadows (TX) 

Allyn E. Smith (SD) 

Jason R. Zeorian (NE) 

The drivers were included in docket 

number FMCSA–2012–0162. Their 

exemptions are applicable as of August 

6, 2018, and will expire on August 6, 

2020. 

As of August 8, 2018, and in 

accordance with 49 U.S.C. 31136(e) and 

31315, the following 23 individuals 

have satisfied the renewal conditions for 

obtaining an exemption from the rule 

prohibiting drivers with ITDM from 

driving CMVs in interstate commerce 

(71 FR 32177; 71 FR 45097; 81 FR 

91242): 

Scott R. Anderson (WI) 

Robert R. Chase (NE) 

Todd A. Dean (WV) 

Dale R. Gansz (IL) 

Donald W. Havourd, Sr. (CT) 

Jeffrey M. King (OR) 

Jeffrey S. Knight (WA) 

Edward V. Kruse (IA) 

Lee P. Lembke (WI) 

Dominick T. Mastroni (KS) 

Derril W. Nunnally (GA) 

Robert L. Pflugler, Jr. (PA) 

Ronald B. Purdum (IL) 

Wilbert C. Rasely, Jr. (PA) 

Ron R. Rawson (AZ) 

Duane C. Rieger (ND) 

Gregory A. Rigg (MI) 

Vernon L. Small (CO) 

Walter D. Stowman (NJ) 

Henry B. Walker-Waltz (OR) 

Arthur C. Webber (PA) 

Scott A. Wertz (ND) 

Danny R. Wood (MO) 

The drivers were included in docket 

number FMCSA–2006–24210. Their 

exemptions are applicable as of August 

8, 2018, and will expire on August 8, 

2020. 

As of August 17, 2018, and in 

accordance with 49 U.S.C. 31136(e) and 

31315, the following 7 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 36775; 75 FR 50797; 81 FR 

91242): 

Gary L. Alexander (MO) 

Daniel E. Bergstresser (NY) 

Stephen F. Clendenin (NY) 

Pradip B. Desai (PA) 

Howard M. Galton (IL) 

Steve Gumienny (CA) 

Hubert S. Paxton (KY) 

The drivers were included in docket 

number FMCSA–2010–0162. Their 

exemptions are applicable as of August 

17, 2018, and will expire on August 17, 

2020. 

As of August 19, 2018, and in 

accordance with 49 U.S.C. 31136(e) and 

31315, the following 45 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 41723; 79 FR 56105; 81 FR 

91242): 

Charles Ackerman Jr. (NJ) 

William J. Applebee (WI) 

Benjamin L. Baxter (MI) 

Stephen M. Berggren (MN) 

Patrick J. Burns (MN) 

Robert L. Caudill (OH) 

Charles L. Cran (WI) 

Kevin W. Elder (NC) 

Michael J. Eldridge, Sr. (IA) 

Kevin D. Erickson (WI) 

Dale A. Godejohn (ND) 

Robert R. Gonzales (CA) 

Norman D. Groves (MO) 

Kenneth F. Gwaltney (IN) 

Mathew R. Hale (KS) 

Donald K. Hamilton (FL) 

John L. Holtzclaw (MO) 

Christopher H. Horn (NH) 

Kip J. Kauffman (WI) 

Christopher J. Kittoe (WI) 

Joshua L. Kroetch (MN) 

Salvador Lopez (AZ) 

Joseph M. Macias (NM) 

Robert J. Marino (NJ) 

David J. McCoy (UT) 

William E. Medlin (MN) 

Carlos A. Napoles, Jr. (NJ) 

Kathryn J. Nelms (KS) 

Antonio C. Oliveira (PA) 

Christopher P. Overton (IL) 

Stephen J. Pelton (PA) 

Bryant S. Perry (NC) 

Kenneth R. Perschon (IL) 

Joseph R. Polhamus (LA) 

Rodney B. Roberts (MS) 

Mark J. Rone (IL) 

John J. Steigauf (MN) 

William L. Thompson (MN) 

Robert D. Watts (TX) 

Cindy L. Wells (NY) 

Charles W. White (IN) 

Michael G. Worl (MT) 

Tommy W. Wornick (TX) 

Robert T. Yeftich (IN) 

Chad C. Yerkey (PA) 

The drivers were included in docket 

number FMCSA–2014–0018. Their 

exemptions are applicable as of August 

19, 2018, and will expire on August 19, 

2020. 

As of August 27, 2018, 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 

(77 FR 40941; 77 FR 51845; 81 FR 

91242): 

Randall W. Amtower (WV) 

Steven Brickey (CO) 

Randall L. Corrick (ND) 

Raymond G. Gravesandy (NY) 

Gregory M. Harris (TX) 

Kelly M. Keller (ND) 

Joseph L. Miska (MN) 

Jacob D. Oxford (ID) 

Ramon I. Zamora-Ortiz (WA) 

The drivers were included in docket 

number FMCSA–2012–0163. Their 

exemptions are applicable as of August 

27, 2018, and will expire on August 27, 

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 selfemployed. 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. 


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Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Notices 33297 

VI. Conclusion 

Based upon its evaluation of the 94 

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: July 12, 2018. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2018–15263 Filed 7–16–18; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2018–0032] 

Qualification of Drivers; Exemption 

Applications; Diabetes Mellitus 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of applications for 

exemption; request for comments. 

SUMMARY: FMCSA announces receipt of 

applications from 54 individuals for an 

exemption from the prohibition in the 

Federal Motor Carrier Safety 

Regulations (FMCSRs) against persons 

with insulin-treated diabetes mellitus 

(ITDM) operating a commercial motor 

vehicle (CMV) in interstate commerce. If 

granted, the exemptions would enable 

these individuals with ITDM to operate 

CMVs in interstate commerce. 

DATES: Comments must be received on 

or before August 16, 2018. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

2018–0032 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 selfaddressed, 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. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Christine A. Hydock, Chief, Medical 

Programs Division, (202) 366–4001, 

fmcsamedical@dot.gov, FMCSA, 

Department of Transportation, 1200 

New Jersey Avenue SE, Room W64–224, 

Washington, DC 20590–0001. Office 

hours are 8:30 a.m. to 5 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 from 

the FMCSRs for a five-year period if it 

finds ‘‘such exemption would likely 

achieve a level of safety that is 

equivalent to or greater than the level 

that would be achieved absent such 

exemption.’’ The statute also allows the 

Agency to renew exemptions at the end 

of the five-year period. FMCSA grants 

exemptions from the FMCSRs for a twoyear period to align with the maximum 

duration of a driver’s medical 

certification. 

The 54 individuals listed in this 

notice have requested an exemption 

from the diabetes prohibition in 49 CFR 

391.41(b)(3). Accordingly, the Agency 

will evaluate the qualifications of each 

applicant to determine whether granting 

the exemption will achieve the required 

level of safety mandated by statute. 

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 Agency 

established the current requirement for 

diabetes in 1970 because several risk 

studies indicated that drivers with 

diabetes had a higher rate of crash 

involvement than the general 

population. 

FMCSA established its diabetes 

exemption program, based on the 

Agency’s July 2000 study entitled ‘‘A 

Report to Congress on the Feasibility of 

a Program to Qualify Individuals with 

Insulin-Treated Diabetes Mellitus to 

Operate in Interstate Commerce as 

Directed by the Transportation Act for 

the 21st Century.’’ The report concluded 

that a safe and practicable protocol to 

allow some drivers with ITDM to 

operate CMVs is feasible. The 

September 3, 2003 (68 FR 52441), 

Federal Register notice in conjunction 

with the November 8, 2005 (70 FR 

67777), Federal Register notice provides 

the current protocol for allowing such 

drivers to operate CMVs in interstate 

commerce. 

FMCSA notes that section 4129 of the 

Safe, Accountable, Flexible and 

Efficient Transportation Equity Act: A 

Legacy for Users requires the Secretary 

to revise its diabetes exemption program 

established on September 3, 2003 (68 FR 

52441). The revision must provide for 

individual assessment of drivers with 

diabetes mellitus, and be consistent 

with the criteria described in section 

4018 of the Transportation Equity Act 

for the 21st Century (49 U.S.C. 31305). 

Section 4129 requires: (1) Elimination of 

the requirement for three years of 

experience operating CMVs while being 

treated with insulin; and (2) 

establishment of a specified minimum 

period of insulin use to demonstrate 

stable control of diabetes before being 

allowed to operate a CMV. 

In response to section 4129, FMCSA 

made immediate revisions to the 

diabetes exemption program established 

by the September 3, 2003 notice. 

FMCSA discontinued use of the threeyear driving experience and fulfilled the 

requirements of section 4129 while 

continuing to ensure that operation of 

CMVs by drivers with ITDM will 

achieve the requisite level of safety 

required of all exemptions granted 

under 49 U.S.C. 31136 (e). Section 


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