Qualification of Drivers; Exemption Applications; Diabetes |
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Larry W. Minor
Federal Motor Carrier Safety Administration
25 October 2018
[Federal Register Volume 83, Number 207 (Thursday, October 25, 2018)]
[Notices]
[Pages 53949-53951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23330]
[[Page 53949]]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2010-0328; FMCSA-2012-0282; FMCSA-2012-0283; FMCSA-
2014-0308; FMCSA-2014-0309; FMCSA-2016-0225; FMCSA-2016-0379]
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 145
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 November
26, 2018.
ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2010-0328; FMCSA-2012-0282;
FMCSA-2012-0283; FMCSA-2014-0308; FMCSA-2014-0309; FMCSA-2016-0225;
FMCSA-2016-0379 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.,
ET, Monday through Friday, except Federal Holidays.
Fax: 1-202-493-2251.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.
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. Submitting Comments
If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2010-0328; FMCSA-2012-0282; FMCSA-2012-0283;
FMCSA-2014-0308; FMCSA-2014-0309; FMCSA-2016-0225; FMCSA-2016-0379),
indicate the specific section of this document to which each comment
applies, and provide a reason for each suggestion or recommendation.
You may submit your comments and material online or by fax, mail, or
hand delivery, but please use only one of these means. FMCSA recommends
that you include your name and a mailing address, an email address, or
a phone number in the body of your document so that FMCSA can contact
you if there are questions regarding your submission.
To submit your comment online, go to http://www.regulations.gov,
put the docket number, FMCSA-2010-0328; FMCSA-2012-0282; FMCSA-2012-
0283; FMCSA-2014-0308; FMCSA-2014-0309; FMCSA-2016-0225; FMCSA-2016-
0379, in the keyword box, and click ``Search.'' When the new screen
appears, click on the ``Comment Now!'' button and type your comment
into the text box on the following screen. Choose whether you are
submitting your comment as an individual or on behalf of a third party
and then submit.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
FMCSA will consider all comments and material received during the
comment period.
B. 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-2010-0328; FMCSA-2012-0282; FMCSA-2012-
0283; FMCSA-2014-0308; FMCSA-2014-0309; FMCSA-2016-0225; FMCSA-2016-
0379, 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.
C. 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
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 [``diabetes standard''].
The 145 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.
III. 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
[[Page 53950]]
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.
IV. Basis for Renewing Exemptions
Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than five years from its approval date and may be renewed upon
application. FMCSA grants exemptions from the diabetes standard for a
two-year period to align with the maximum duration of a driver's
medical certification. In accordance with 49 U.S.C. 31136(e) and 31315,
each of the 145 applicants has satisfied the renewal conditions for
obtaining an exemption from the diabetes standard (see 75 FR 63536; 75
FR 77952; 77 FR 63411; 77 FR 64181; 77 FR 75492; 77 FR 75493; 79 FR
66451; 79 FR 70920; 80 FR 2479; 80 FR 5613; 81 FR 84677; 81 FR 85312;
81 FR 92941; 82 FR 12880; 82 FR 12890). 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 December
and are discussed below:
As of December 9, 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 (79 FR 66451; 80 FR
2479; 81 FR 92941):
Travis L. Beck (OH)
Corey C. Bennett (MS)
Nicholas J. Borelli (NJ)
Elvis P. Butler (TN)
John H. Butler (OH)
Michael E. Calvert (TX)
Kevin E. Conti (OH)
Marsh L. Daggett (TX)
Lorenza K. Jefferson (VA)
William O. Johnson, Jr. (IN)
Michael E. Kroll (WI)
Isolina Matos (NJ)
Rex D. McManaway, Sr. (IL)
Steven A. Metternick (MI)
Daniel P. Miller (PA)
Raymond E. Pawloski (MI)
Loren A. Pingel (CO)
Terrence A. Proctor (MD)
Heber E. Rodriguez (VA)
Maurice S. Styles (MN)
Richard J. Thomas (IN)
Kevin E. Tucker (WV)
Robert Vassallo (NY)
Clifford L. White (KS)
Jason L. Woody (KS)
Wesley B. Yokum (PA)
The drivers were included in docket number FMCSA-2014-0308. Their
exemptions are applicable as of December 9, 2018, and will expire on
December 9, 2020.
As of December 14, 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 (75 FR 63536; 75 FR
77952; 81 FR 92941):
William V. Barbrie (RI)
John P. Catalano (NJ)
Gary J. Dionne (ID)
Thomas C. Donahue (MA)
Robert Minacapelli (NY)
Joe E. Radabaugh (OH)
Ben D. Shelton, Jr. (IL)
Nestor P. Vargas, Jr. (WA)
Harold A. Wendt (MN)
The drivers were included in docket number FMCSA-2010-0328. Their
exemptions are applicable as of December 14, 2018, and will expire on
December 14, 2020.
As of December 20, 2018, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 15 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 63411; 77 FR
64181; 77 FR 75492; 77 FR 75493; 81 FR 92941):
James D. Astle (OH)
Robert E. Carroll (FL)
Thomas L. Gilmore (IA)
Kenneth M. Hansen (IA)
David J. Heppelmann (MN)
Dennis R. Johnson (TN)
Ronald D. Johnston (VA)
Steven M. Knezevich (MI)
Carl E. McCartney (PA)
Fred Nelson, Jr. (PA)
Ricky L. Osterback (WA)
Joseph M. Polkowski, Sr. (PA)
Dan R. Stark (MN)
Mark A. Welch, Jr. (PA)
Bailey G. Zickefoose, Jr. (WV)
The drivers were included in docket numbers FMCSA-2012-0282; FMCSA-
2012-0283. Their exemptions are applicable as of December 20, 2018, and
will expire on December 20, 2020.
As of December 24, 2018, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 32 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 84677; 82 FR
12890):
Rickey C. Alvis (NC)
Bennie L. Baker (TX)
Darious A. Ballou (NC)
Salauddin Baset (TX)
Ralph G. Caffee (PA)
David L. Cheshire (MI)
Allan S. Clugston (NY)
Jimmy D. Curtis (TX)
Larry D. Dearth (WI)
Keith M. Dickerson (WI)
James J. Dorio (PA)
Virgil J. Erhardt (IA)
Jimmy J. Fanelli (OR)
William L. Garrity (CT)
Robin D. Gibson (DC)
Steven W. Harry (OR)
Jay M. Hill (CO)
Paul J. Horne (NY)
John E. Kerby (NE)
Adam R. Kleist (OR)
Jacob A. Knezevich (NM)
Joel A. Kroll (SD)
Edwin J. Lundquist (MN)
Stephen C. Mickle (AL)
Tyler J. Oakland (NE)
Martin J. Reding (OR)
Daniel A. Rivera (FL)
Gerald J. Rosauer (WI)
Chester G. Selfridge (PA)
Paul A. Sheehan (PA)
Michael W. Sutton (WA)
Noah E. Thompson (AL)
The drivers were included in docket number FMCSA-2016-0225. Their
exemptions are applicable as of December 24, 2018, and will expire on
December 24, 2020.
As of December 28, 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 (81 FR 85312; 82 FR
12880):
Mitchell G. Aucoin (NH)
Nelson T. Barninger (PA)
Thomas J. Bonura (TX)
Todd M. Boughter (PA)
Bradley J. Brown (OH)
Alex Caterson (PA)
Kimberly J. Davis (CT)
Earl C. Duke (VA)
David A. Evans (PA)
Robert H. Haines (PA)
Anthony L. Hamilton (TX)
Donovan K. Helton (VA)
Ricky W. Knudsen (MN)
Brandon S. Koehn (KS)
Stephen B. Macisaac (NY)
[[Page 53951]]
Corey M. McCormack (CA)
Melvin W. Miller (MI)
Anthony H. Patrick (KY)
Danny L. Peterson (WI)
Robert L. Rich, Jr. (MN)
Eugene P. Roever (AR)
Jim W. Royer (MN)
David E. Schoch (NJ)
Joshua D. Taylor (MO)
Clyde L. Weaver (NC)
Jason A. Weiss (IL)
The drivers were included in docket number FMCSA-2016-0379. Their
exemptions are applicable as of December 28, 2018, and will expire on
December 28, 2020.
As of December 29, 2018, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 37 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 70920; 80 FR
5613; 81 FR 92941):
Andrew P. Bivens (TN)
Everett D. Blevins (KY)
Kirk J. Brummeler (GA)
Travis M. Bryan (MA)
John W. Condy (NY)
Kevin V. Cook (MO)
Guido Criscuolo, Jr. (CT)
Zachary L. Diehl (IL)
Andrea I. Dirksen (IA)
Clarice L. Dunklin (LA)
Ricky L. Exler (FL)
Paul B. Fuerstenberg (WI)
Nathan M. Gallant (TX)
Louis A. Goodenough (IN)
Tyler L. Gravatt (ID)
Gary W. Honaker (VA)
Rex L. Kreutzer (NE)
Larry D. Lloyd (OR)
Dennis D. Markowski (WA)
William F. Melchert-Dinkel (MN)
Brit K. Miller (SD)
Charles B. Petersen (ID)
Anthony J. Politan (IN)
Emil T. Ricci (PA)
Arturo Robles (WY)
Robert F. Rothbauer (WI)
Michael A. Runyan, Jr. (NC)
John D. Sheets (NH)
Kyle L. Shuman (NY)
Gregory A. Smith (GA)
William S. Spaeth (WI)
Eloy G. Tijerina (TX)
Santos R. Torres (TX)
Leroy A. Traudt (NE)
Gerald S. Volpone, Jr. (MA)
Galen R. Watts (TX)
John E. Wildenmann (KY)
The drivers were included in docket number FMCSA-2014-0309. Their
exemptions are applicable as of December 29, 2018, and will expire on
December 29, 2020.
V. 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.
VI. 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.
VII. Conclusion
Based upon its evaluation of the 145 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: October 17, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-23330 Filed 10-24-18; 8:45 am]
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