Qualification of Drivers; Exemption Applications; Diabetes |
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Larry W. Minor
Federal Motor Carrier Safety Administration
27 November 2017
[Federal Register Volume 82, Number 226 (Monday, November 27, 2017)]
[Notices]
[Pages 56111-56113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25524]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2007-27801; FMCSA-2007-28536; FMCSA-2008-0175; FMCSA-
2008-0267; FMCSA-2009-0207; FMCSA-2011-0192; FMCSA-2013-0181; FMCSA-
2013-0182]
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 99
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 December
27, 2017.
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.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket Nos. FMCSA-2007-27801; FMCSA-2007-
28536; FMCSA-2008-0175; FMCSA-2008-0267; FMCSA-2009-0207; FMCSA-2011-
0192; FMCSA-2013-0181; FMCSA-2013-0182 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.
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
[[Page 56112]]
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., ET, Monday
through Friday, except Federal holidays. The FDMS is available 24 hours
each day ET, 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 99 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 three-year 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 4129(d) also directed FMCSA to ensure that drivers
of CMVs with ITDM are not held to a higher standard than other drivers,
with the exception of limited operating, monitoring and medical
requirements that are deemed medically necessary. The FMCSA concluded
that all of the operating, monitoring and medical requirements set out
in the September 3, 2003, notice, except as modified, were in
compliance with section 4129(d). Therefore, all of the requirements set
out in the September 3, 2003, notice, except as modified by the notice
in the Federal Register on November 8, 2005 (70 FR 67777), remain in
effect.
II. Qualifications of Applicants
As of October 3, 2017, 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 47291; 76 FR
61139):
Michael J. Alexander (MO)
Dean A. Chamberlin (NE)
Ronald D. Fatka (IA)
Frank B. Hernandez (MN)
Dale A. Iverson (UT)
John H. Krastel, Jr. (MD)
Edward Linhart (MA)
Larry D. Matson (MT)
David W. Payne (KS)
Jim B. Robertson II (KY)
Donald M. Rush, Jr. (GA)
Barry A. Sircy (KY)
John S. Starchevich (IA)
Michael B. Tortora (VT)
Charlotte C. Watson (CA)
Shaun M. Wheeler (CT)
The drivers were included in docket number FMCSA-2011-0192. Their
exemptions are applicable as of October 3, 2017, and will expire on
October 3, 2019.
As of October 15, 2017, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 43 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (72 FR 45480; 72 FR
58360; 73 FR 45519; 73 FR 61188; 78 FR 50486; 78 FR 65031):
Scott M. Aitcheson (MI)
Robert V. Balmes (IL)
Kenneth M. Brinker (SD)
Daniel A. Brown (IN)
Floyd G. Burbach (SD)
Frederick J. Caldarelli III (KS)
Jay P. Cave (IL)
William J. Compton (MI)
Brian R. Current (IA)
Mark A. Davis (AR)
Todd J. Donnelly (IA)
Carmine J. Fossile (MA)
Steven M. French (MI)
Philip P. Gray (VA)
John L. Hansen (MT)
Michael G. Harp (OK)
Darin D. Harries (MN)
James M. Holland (WA)
William E. Hollowell (MI)
Matthew S. Hooker (IN)
Cindy L. Hushin-Brink (PA)
Gregory A. Iverson (IA)
Bradley M. Johnson (ID)
Mark A. Jones (WI)
Michael J. Keating (IL)
Richard D. Knoche (IL)
Jonathan D. Koehn (NE)
Edward M. Mason (KY)
Harold W. McCullough (NE)
Kurt V. Miller (IL)
Tyree L. Murdock II (FL)
Thomas L. Nesbit (PA)
Richard Rodriguez (KS)
Scott D. Schultz (MN)
Mark W. Seem (IN)
[[Page 56113]]
Marvin R. Shipman (GA)
Chris W. Smaltz (AZ)
Randy E. Veit (IL)
Edwin C.E. Whitcomb (ND)
Steven S. Whitt, Sr. (MO)
Derek J. Wright (AL)
Donald W. Yeager (PA)
Mick B. Zoske (IA)
The drivers were included in one of the following docket numbers:
FMCSA-2007-27801; FMCSA-2008-0175; FMCSA-2013-0182. Their exemptions
are applicable as of October 15, 2017, and will expire on October 15,
2019.
As of October 18, 2017, and in accordance with 49 U.S.C. 31136(e)
and 31315, Justin R. Freeman (ID) has satisfied the renewal conditions
for obtaining an exemption from the rule prohibiting drivers with ITDM
from driving CMVs in interstate commerce (78 FR 38435; 78 FR 63294).
This driver was included in docket number FMCSA-2013-0181. The
exemption is applicable as of October 18, 2017, and will expire on
October 18, 2019.
As of October 19, 2017, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 9 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (72 FR 50442; 72 FR
59332; 74 FR 41486; 74 FR 53583):
Jim E. Chester (IN)
Blaine H. Holmes (UT)
James R. Hudson (AZ)
Roger L. Kaufman (KY)
Clifford L. Rayl (IN)
Steven J. Shaw (NV)
Scott L. Stamstad (WI)
Kendell R. Strassman (WI)
Maurice L. Wedel (KS)
The drivers were included in one of the following docket numbers:
FMCSA-2007-28536; FMCSA-2009-0207. Their exemptions are applicable as
of October 19, 2017, and will expire on October 19, 2019.
As of October 22, 2017, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 9 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (73 FR 52451; 73 FR
63041):
Michael B. Bennington, Sr. (PA)
Larry J. Eischens (SD)
David J. Hanzl (NY)
Thomas R. Jones (OH)
John G. Schaible, Jr. (NY)
Rory J. Seleman (IL)
Chase M. Wells (NY)
Laurie E. White (NY)
Craig E. Wolf (IL)
The drivers were included in docket number FMCSA-2008-0267. Their
exemptions are applicable as of October 22, 2017, and will expire on
October 22, 2019.
As of October 23, 2017, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 13 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 38435; 78 FR
63294):
Craig W. Blackner (UT)
John L. Fischer (ND)
Douglas E. Gibbs (TX)
Clarence H. Holliman Jr. (MS)
Tracy S. Johnson (FL)
Chad D. Labonte (ID)
Jason J. Marks (LA)
Keith R. McKeever (PA)
Alberto Ramirez (CA)
Brian S. Ruth (AK)
Ronald S. Smith (NJ)
Lawrence E. Starks Sr. (IN)
Calvin C. Wallingford (NY)
The drivers were included in docket number FMCSA-2013-0181. Their
exemptions are applicable as of October 23, 2017, and will expire on
October 23, 2019.
As of October 28, 2017, and in accordance with 49 U.S.C. 31136(e)
and 31315, Ricky A. Root (IL) has satisfied the renewal conditions for
obtaining an exemption from the rule prohibiting drivers with ITDM from
driving CMVs in interstate commerce (78 FR 50486; 78 FR 65031).
This driver was included in docket number FMCSA-2013-0182. The
exemption is applicable as of October 28, 2017, and will expire on
October 28, 2019.
As of October 30, 2017, 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 (78 FR 50486; 78 FR
65031):
Peter Engel (PA)
Jhon A. Fitzgerald (ME)
Lewis E. Forrester (PA)
Ray Harrison (MD)
Charles LaBruno (PA)
Shawn E. Marks (PA)
Donald G. Staggs (CA)
The drivers were included in docket number FMCSA-2013-0182. Their
exemptions are applicable as of October 30, 2017, and will expire on
October 30, 2019.
III. Request for Comments
In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments received before
the close of business on the closing date indicated in the dates
section of the notice.
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 and
in the search box insert the docket number FMCSA-2007-27801; FMCSA-
2007-28536; FMCSA-2008-0175; FMCSA-2008-0267; FMCSA-2009-0207; FMCSA-
2011-0192; FMCSA-2013-0181; FMCSA-2013-0182 and click the search
button. When the new screen appears, click on the blue ``Comment Now!''
button on the right hand side of the page. On the new page, enter
information required including the specific section of this document to
which each comment applies, and provide a reason for each suggestion or
recommendation. 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.
We will consider all comments and materials received during the
comment period. FMCSA may issue a final determination at any time after
the close of the comment period.
IV Viewing Comments and Documents
To view comments, as well as any documents mentioned in this
preamble, go to http://www.regulations.gov and in the search box insert
the docket number FMCSA-2007-27801; FMCSA-2007-28536; FMCSA-2008-0175;
FMCSA-2008-0267; FMCSA-2009-0207; FMCSA-2011-0192; FMCSA-2013-0181;
FMCSA-2013-0182 and click ``Search.'' Next, click ``Open Docket
Folder'' and you will find all documents and comments related to this
notice.
Issued on: November 17, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-25524 Filed 11-24-17; 8:45 am]
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