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Qualification of Drivers; Exemption Applications; Diabetes

American Government Special Collections Reference Desk

American Government

Qualification of Drivers; Exemption Applications; Diabetes

Larry W. Minor
Federal Motor Carrier Safety Administration
20 July 2018


[Federal Register Volume 83, Number 140 (Friday, July 20, 2018)]
[Notices]
[Pages 34675-34677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15565]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2008-0071; FMCSA-2012-0044; FMCSA-2012-0107; FMCSA-
2014-0015; FMCSA-2014-0016; FMCSA-2016-0037; FMCSA-2016-0039]


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 133 
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., 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. Electronic Access

    You may see all the comments online through the Federal Document 
Management System (FDMS) at: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov and/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.
    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.

II. Background

    On May 29, 2018, FMCSA published a notice announcing its decision 
to renew exemptions for 133 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 (83 FR 
24581). The public comment period ended on June 28, 2018, and no 
comments were 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 no comments in this preceding.

IV. Conclusion

    Based upon its evaluation of the 133 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 interstate commerce in 49 CFR 391.64(3):
    In accordance with 49 U.S.C. 31136(e) and 31315, the following 
groups of drivers received renewed exemptions in the month of June and 
are discussed below:
    As of June 1, 2018, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 33 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 25486; 81 FR 
66733):

Christopher R. Barwick (NC)
Jeffrey C. Bergen (MA)
Christopher J. Burgess (ID)
Edward D. Burman (MA)
Lynn J. Clark (UT)
Kenneth W. Day (TN)
Horace Dickinson (GA)
James R. Fifield (MI)
Scott A. Figert (OH)
Larry D. Funk (KS)
Steven S. Gray (CT)
Donald F. Greel, Jr. (MA)
John A. Jung (OH)
Jerry H. Kahn (MN)
Sean T. Lewis (NJ)
Edwin Lozada (FL)
Kevin S. Martin (MN)
Allysa B. Meirowitch (NY)
Brian L. Murray (WA)
Thomas V. Noyes (MA)
Benny M. Perez (PA)
Gregory S. Pethtel (OH)
Thomas J. Price (WY)
Theodore D. Reagle (PA)

[[Page 34676]]

Eric A. Richie (AZ)
Keith E. Shumake (CO)
William G. Simpson (CO)
Stirling H.C. Sowerby (PA)
John J. Steele (AL)
Ryan M. Stumbaugh (PA)
David J. Walker (IA)
Shawn D. Weigel (KS)
William H. Yocom (MO)

    The drivers were included in docket number FMCSA-2016-0037. Their 
exemptions are applicable as of June 1, 2018, and will expire on June 
1, 2020.
    As of June 3, 2018, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following eight 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 16946; 73 FR 
31734; 81 FR 96176):

Edward F. Connole (MA)
Gary D. Coonfield (MO)
Shannon D. Hanson (SD)
Aundra Menefield (MS)
James T. Rothwell (TN)
Dalton T. Smith, Jr. (IL)
Marvin D. Webster (KY)
Travis S. Wolfe (WV)

    The drivers were included in docket number FMCSA-2008-0071. Their 
exemptions are applicable as of June 3, 2018, and will expire on June 
3, 2020.
    As of June 5, 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 20876; 77 FR 
33264; 81 FR 96176):

Steven W. Beaty (SD)
David D. Brown (MI)
Evan P. Hansen (WI)
John M. Kennedy, Jr. (NC)
Jeremy A. Ludolph (KS)
Gerald N. Martinson (ND)
Glenn D. Taylor (NY)
Thomas R. Toews (OR)
James E. Waller, III (GA)

    The drivers were included in docket number FMCSA-2012-0044. Their 
exemptions are applicable as of June 5, 2018, and will expire on June 
5, 2020.
    As of June 9, 2018, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 40 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 28121; 81 FR 
59728):

Matthew P. Ambrose (OH)
Steven E. Beining (OH)
Steven Belback (PA)
Roger D. Bragg (WV)
John Ciesmelewski (NJ)
Ernest W. Collett (TX)
Daniel C. Crider (MN)
Charla J. Donahy (TX)
Richard D. Florio, Jr. (NY)
Tyler J. Francis (KS)
Calvin L. Frew (ID)
Juda Friedman (NY)
Dean Gage (NY)
William Gallagher (PA)
Harvey E. Gordon (MA)
James W. Gorman, Jr. (MD)
Christopher L. Greene (WY)
Gregor C. Guisewhite (PA)
Dennis T. Harding (MN)
Brandon R. Hart (TX)
Stephen E. Hochmiller (CO)
Jack V. Holloway (IL)
Richard L. Hubbard (MN)
Stephen A. Kinney (MI)
Russell L. Koehn (IL)
Timothy C. LaRue (FL)
Joseph M. Lopes (NH)
William B. Onimus (PA)
Victor M. Orta (TX)
William D. Powell (IL)
Lee A. Pulda (WI)
William K. Sawyer II (NM)
Jeffrey J. Schnacker (NE)
Jeffrey D. Smith (MD)
Anthony G. Stellatos (NJ)
Trent A. Stuber (IL)
LaDon L. Wallin (MN)
Richard D. Webb (NY)
Grady L. Wilson, Jr. (FL)
Karl S. Yauneridge (MD)

    The drivers were included in docket number FMCSA-2016-0039. Their 
exemptions are applicable as of June 9, 2018, and will expire on June 
9, 2020.
    As of June 20, 2018, and in accordance with 49 U.S.C. 31136(e) and 
31315, Gary R. Harper, (IN) has satisfied the renewal conditions for 
obtaining an exemption from the rule prohibiting drivers with ITDM from 
driving CMVs in interstate commerce (79 FR 29484; 79 FR 42628; 81 FR 
96176).
    The driver was included in docket number FMCSA-2014-0016. The 
exemption is applicable as of June 20, 2018, and will expire on June 
20, 2020.
    As of June 24, 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 (79 FR 22573; 79 FR 
35855; 81 FR 96176):

Joshua T. Adams (OH)
Dennis W. Athey II (KS)
John M. Behan, Jr. (MD)
Kirk B. Berridge (KS)
Francis P. Bourgeois (LA)
Randall T. Buffkin (NC)
Heladio Castillo (WA)
Purvis J. Chesson (VA)
Jeff T. Enbody (WA)
Larry S. Gibson, II (NC)
James M. Halapchuk (PA)
Jeffery A. Hall (ME)
Henry W. Hartman (NY)
Marlin R. Hein (IA)
Vincenzo Ingrassellino (NY)
Davis Jansen van Beek (MT)
Baek J. Kim (MD)
Shawn N. Kimble (PA)
Darrel G. Klauer (WI)
Stephen D. Lewis (NY)
Alvin McClain (OR)
Kenneth D. Mehmen (IA)
Kyle B. Mitchell (CA)
Michael A. Murrell (KY)
Ryan R. Ong (CA)
Gregory Paradiso (OH)
Brian K. Patenaude (MA)
William A. Schimpf (CA)
Frank J. Sciulli (PA)
Bryan J. Smith (ND)
Edward L. Stauffer (PA)
Kyle G. Streit (TX)
Joseph D. Stutzman (PA)
Raymond J. Vaillancourt (OH)
Robert L. Weiland (PA)

    The drivers were included in docket number FMCSA-2014-0015. Their 
exemptions are applicable as of June 24, 2018, and will expire on June 
24, 2020.
    As of June 26, 2018, and in accordance with 49 U.S.C. 31136(e) and 
31315, Tommy R. Riley, (IL) has satisfied the renewal conditions for 
obtaining an exemption from the rule prohibiting drivers with ITDM from 
driving CMVs in interstate commerce (79 FR 29484; 79 FR 42628; 81 FR 
96176).
    The driver was included in docket number FMCSA-2014-0016. The 
exemption is applicable as of June 26, 2018, and will expire on June 
26, 2020.
    As of June 27, 2018, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following six 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 27842; 77 FR 
38383; 81 FR 96176):

Matthew R. Bagwell (NY)
Eric J. Bright (IL)
Kyle D. Dale (MO)
Donald L. Philpott (WA)
John Randolph (OK)
Courtney R. Schiebout (IA)

    The drivers were included in docket number FMCSA-2012-0107. Their 
exemptions are applicable as of June 27, 2018, and will expire on June 
27, 2020.
    In accordance with 49 U.S.C. 31315, each exemption will be valid 
for two years from the effective date unless

[[Page 34677]]

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: July 12, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-15565 Filed 7-19-18; 8:45 am]
 BILLING CODE 4910-EX-P

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