Qualification of Drivers; Exemption Applications; Diabetes

Larry W. Minor
Federal Motor Carrier Safety Administration
14 February 2018

[Federal Register Volume 83, Number 31 (Wednesday, February 14, 2018)]
[Notices]
[Pages 6712-6715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03047]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2009-0290; FMCSA-2009-0289; FMCSA-2011-0300; FMCSA-
2013-0190; FMCSA-2013-0191; FMCSA-2015-0338; FMCSA-2015-0339; FMCSA-
2015-0340]


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 186 
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, 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.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2009-0290; FMCSA-2009-0289; 
FMCSA-2011-0300; FMCSA-2013-0190; FMCSA-2013-0191; FMCSA-2015-0338; 
FMCSA-2015-0339; FMCSA-2015-0340 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,

[[Page 6713]]

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 
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 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 186 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 186 applicants has satisfied the renewal conditions for obtaining 
an exemption from the diabetes requirement (74 FR 55890; 74 FR 65836; 
75 FR 1449; 75 FR 4622; 76 FR 71112; 77 FR 532; 78 FR 65034; 78 FR 
68139; 79 FR 3917; 79 FR 4807; 80 FR 77408; 80 FR 79402; 80 FR 81415; 
80 FR 81667). 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 January 
and are discussed below:
    As of January 5, 2018, 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 71112; 77 FR 
532; 80 FR 81667):

Mark A. Aspden (MA)
Rodney C. Backus (NY)
Gary L. Breitenbach (SC)
Gerald R. Curran (PA)
Matthew G. Denisov (NC)
Steven W. Gerling (IA)
Jackie D. Greenlee (MO)
Gregory L. Horton (GA)
Justin W. Jackson (OK)
David T. Kylander (MO)
Kevin A. Perdue (MD)
Michael E. Pleak (IN)
Christopher C. Stephenson (KS)
Todd J. Timmerman (WI)
Richard L. White (MS)
Paul A. Wright (NY)

    The drivers were included in docket number FMCSA-2011-0300. Their 
exemptions are applicable as of January 5, 2018, and will expire on 
January 5, 2020.
    As of January 11, 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 (74 FR 55890; 75 FR 
1449; 80 FR 81667):

Eric M. Butz (OH)
Rita A. Cefaratti (CT)
Gerald F. Crowley (NY)
Scott J. Denham (MN)
Larry E. Dickerson (GA)
David E. Ginter (PA)
William H. Goebel (IA)
Joseph L. Gray, III (PA)
Ryan R. Harris (IA)
Carroll J. Hartsell (WV)
Keith M. Huels (AZ)
Daniel R. Jackson (PA)
Curtis W. Keelin, Jr. (WY)
Patrick J. Krueger (WI)
Tammy Lynn F. Manuel (SC)
Francisco J. Martinez (MA)
Andrew W. Myer (NE)
Chad A. Nelson (UT)
David W. Olson (AZ)
Mark E. Pascoe (WI)
Terry L. Riddell (IN)
Roger L. Summerfield (WI)
Jimmy P. Wright (TX)

    The drivers were included in docket number FMCSA-2009-0289. Their 
exemptions are applicable as of January 11, 2018, and will expire on 
January 11, 2020.
    As of January 14, 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 (80 FR 77408):

Jessie L. Arrant, Jr. (GA)
Joseph M. Benech (RI)
Shane M. Burgard (MN)
Wesley O. Davis (SC)
Steven P. DelPizzo (PA)
Gregory P. Doyle (CO)
Timothy D. Funk (IL)
Diane M. Greenberg (VA)

[[Page 6714]]

Brent P. Griswold (NY)
Earl E. Hudson, III (SC)
Gregory A. Huffman (TX)
Robert D. Lair, Jr. (AR)
Mark A. Leman (IL)
Michael S. Massa (PA)
Derek D. Patrick (MI)
Joseph M. Petrucci (NH)
James W. Prather (OH)
Edward O. Prosser (RI)
Dennis L. Ruff (WA)
William J. Shrader (CA)
Ronald L. Smith (KS)
Wayne D. Smith (VT)
Carnnell A. Taite (MI)
Robert S. Townsend (NH)
Zachary C. Warrick (NE)
Zachary C. White (CA)

    The drivers were included in docket number FMCSA-2015-0338. Their 
exemptions are applicable as of January 14, 2018, and will expire on 
January 14, 2020.
    As of January 21, 2018, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 35 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 79402):

Randall S. Blight (MI)
George S. Callahan (IN)
Myron D. Collins (CO)
Paul E. Costello (NE)
Pete J. Dewitt (CA)
Frank A. Earullo (IL)
Isadios P. Harris (NJ)
David A. Heine (ND)
Logan L. Jackson (CA)
Elie Jean (NJ)
Dean L. Jerpseth (MN)
Terrence P. Lescamela (MI)
Russell D. Logan (NC)
Tommaso Maccarrone (NJ)
Raymond Mendez (NY)
Anthony J. Miller (PA)
Marlin D. Milliken (PA)
Charles A. Mims (AL)
Gustavo A. Mojica (FL)
Timmothy S. Pederson (SD)
Carlos J. Perez-Beltran (PA)
Seth A. Piel (WI)
Carlos M. Pinto, (NY)
Peter C. Poungded (CA)
Michael D. Prestby (IA)
Wilson Rosado (IN)
Jason G. Ross (CA)
Sandra J. Sexton (IL)
Jacob A. Small (NJ)
Dale L. Vaughan (MO)
Tyler J. Vogt (IL)
Christoph Wagner (NJ)
Russell J. Welke (WI)
Donald L. Westbrook (PA)
David M. Wike (NC)

    The drivers were included in docket number FMCSA-2015-0339. Their 
exemptions are applicable as of January 21, 2018, and will expire on 
January 21, 2020.
    As of January 23, 2018, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 12 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 65034; 79 FR 
3917; 80 FR 81667):

Clair H. Gilmore (WA)
Michael Kollos (MN)
Daniel T. Lindahl (WI)
James F. McSweeney (NH)
Eric W. Miller (IN)
William J. Rodgers (PA)
Mark A. Rosenau (MN)
Daniel B. Shaw (FL)
John C. Thomas (IN)
Richard Wasko (FL)
Douglas E. Wilhoit (PA)
Richard A. Wilk (OH)

    The drivers were included in docket number FMCSA-2015-0338. Their 
exemptions are applicable as of January 23, 2018, and will expire on 
January 23, 2020.
    As of January 28, 2018, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 21 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 65836; 75 FR 
4622; 80 FR 81667):

Bob A. Bauer (WI)
Michael P. Berger (ND)
William D. Blosch (GA)
Victor M. Brunner (WI)
Tom L. Cooley (KS)
Robert G. Dohman, Jr. (ND)
Danny E. Edmonson (GA)
Andrew C. Everett (AZ)
Donald W. Hansen (ND)
Joseph S. Hernandez (NM)
Jordan T. Johnston (IN)
Jere W. Kirkpatrick (OH)
Kyle A. Leach (NE)
Robert J. Lewis, Jr. (VT)
Stacy R. Oberholzer (PA)
Michael S. Ogle (GA)
Walter L. Patrick (TN)
Richard A. Piercefield, Sr. (MI)
Kevin A. Roginski (PA)
Bruce M. Stockton (MO)
Todd R. Vickers (MD)

    The drivers were included in docket number FMCSA-2009-0290. Their 
exemptions are applicable as of January 28, 2018, and will expire on 
January 28, 2020.
    As of January 29, 2018, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 53 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 68139; 79 FR 
4807; 80 FR 81415; 80 FR 81667):

Elmer W. Barrall (DE)
Earl Bland (MO)
Kevin Bracken (PA)
Donald L. Callahan (KY)
Robert A. Collins (NJ)
Michael A. Craig (NC)
Roderick E. Dean (NJ)
Edward C. DeFrancesco (CT)
Eugene N. Dirl (PA)
Kevin F. Dykes (MA)
Jonathan Eggers (MN)
Richard L. Engle (KY)
Christopher J. Frank (NY)
Matthew E. Fry (KS)
Gilbert N. Fugate (IN)
Scott C. Garbiel (ME)
Al Glover, Jr. (LA)
Jimmy H. Goacher (NC)
Jim B. Gonzalez (OR)
William F. Hamann (KY)
Nathaniel K. Hamilton (TX)
Michael D. Henry (OH)
Jon C. Hicks (PA)
Kevin F. Hoffman (PA)
Jerry A. Huffman (NC)
Daurell A. Jones (MD)
Jerry J. Klosterman (OH)
Joseph E. Kolb (NY)
Larry C. Krueger (NE)
Chad M. Kuck (AK)
Craig A. Lemponen (OH)
Donald R. Leonard Jr. (NH)
Matthew P. Ludwig (NY)
Keith B. Masters (NH)
Sandra R. Moultrie (GA)
Jeffrey A. Olson (IA)
Howard L. Peacock (KS)
Chauncey W. Pittman (IN)
Brandon C. Rhinehart (MD)
James E. Richardson (NY)
Gerald C. Rosencrans (PA)
Henry J. Russo (NJ)
Richard G. Schumann (NJ)
Donald R. Sine, Jr. (WV)
Jefferson L. Smith (MA)
Troy T. Sunnarborg (MN)
Dennis E. Taunton (ID)
Phillip A. Trent (VA)
Deborah D. Watson (MI)
Ronnie C. Webb (MT)
William R. White (MI)
Curtis L. Worsfold (NE)
Jason D. Zagorski (NC)

    The drivers were included in docket numbers FMCSA-2013-0191; FMCSA-
2015-0340. Their exemptions are applicable as of January 29, 2018, and 
will expire on January 29, 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

[[Page 6715]]

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 186 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: February 7, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-03047 Filed 2-13-18; 8:45 am]
 BILLING CODE 4910-EX-P