Qualification of Drivers; Exemption Applications; Diabetes

Larry W. Minor
Federal Motor Carrier Safety Administration
25 October 2018

[Federal Register Volume 83, Number 207 (Thursday, October 25, 2018)]
[Notices]
[Pages 53947-53948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23329]


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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 final disposition.

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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.

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., ET, 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. Public Participation

A. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice 
as being available in the docket, go to http://www.regulations.gov. 
Insert the docket number, FMCSA-2006-24210; FMCSA-2010-0162; FMCSA-
2012-0162; FMCSA-2012-0163; FMCSA-2014-0018, in the keyword box, and 
click ``Search.'' Next, click the ``Open Docket Folder'' button and 
choose the document to review. If you do not have access to the 
internet, you may view the docket online by visiting the Docket 
Management Facility in Room W12-140 on the ground floor of the DOT West 
Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 
a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays.

B. 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 www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

II. Background

    On July 17, 2018, FMCSA published a notice announcing its decision 
to renew exemptions for 94 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 (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). The 
public comment period ended on August 16, 2018, and one comment was 
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 one comments in this preceding. Henry Duke submitted 
a comment supporting evaluation of commercial drivers with ITDM, at 
minimum by a physician familiar with the Medical Qualifications for 
Commercial Drivers. The commenter voiced disagreement with the current 
regulation regarding insulin use, and suggested that ITDM should not be 
a disqualifying condition. Finally, the commenter voiced the concern 
that drivers may not disclose their insulin use to the certifying 
Medical Examiner.
    On September 19, 2018, FMCSA published the Qualifications of 
Drivers; Diabetes Standard final rule, removing the blanket prohibition 
of insulin use and adopting a revised physical qualification standard 
for operators of CMV with ITDM (83 FR 47448). The revised regulation 
eliminates the need for a Federal diabetes exemption and allows 
certified medical examiners, in consultation with the individual's 
treating clinician and use of the new Insulin Treated Diabetes Mellitus 
Form, MCSA-5870, to evaluate and determine whether to grant an ITDM 
individual a medical examiner's certificate (MEC). Federal exemptions 
are currently being granted to individuals that applied prior to the 
publication date, such as those in this notice, to ensure that they can 
continue to drive until the final rule is effective on November 19, 
2018.

IV. Conclusion

    Based on its evaluation of the 94 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

[[Page 53948]]

interstate commerce in 49 CFR 391.41(b)(3):
    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 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 seven 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.
    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: October 17, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-23329 Filed 10-24-18; 8:45 am]
 BILLING CODE 4910-EX-P