80_FR_69110 80 FR 68895 - Qualification of Drivers; Exemption Applications; Diabetes

80 FR 68895 - Qualification of Drivers; Exemption Applications; Diabetes

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 215 (November 6, 2015)

Page Range68895-68897
FR Document2015-28316

FMCSA announces its decision to renew the exemptions of 90 individuals from its rule prohibiting persons with insulin-treated diabetes mellitus (ITDM) from operating commercial motor vehicles (CMVs) in interstate commerce. FMCSA has statutory authority to exempt individuals from this rule if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemption renewals will provide a level of safety that is equivalent to or greater than the level of safety maintained without the exemptions for these CMV drivers.

Federal Register, Volume 80 Issue 215 (Friday, November 6, 2015)
[Federal Register Volume 80, Number 215 (Friday, November 6, 2015)]
[Notices]
[Pages 68895-68897]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-28316]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. Docket No. FMCSA-2006-2575; FMCSA-2011-0193; FMCSA-2011-
0194; FMCSA-2013-0183; FMCSA-2013-0186; FMCSA-2013-0188; FMCSA-2013-
0189]


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 the exemptions of 90 
individuals from its rule prohibiting persons with insulin-treated 
diabetes mellitus (ITDM) from operating commercial motor vehicles 
(CMVs) in interstate commerce. FMCSA has statutory authority to exempt 
individuals from this rule if the exemptions granted will not 
compromise safety. The Agency has concluded that granting these 
exemption renewals will provide a level of safety that is equivalent to 
or greater than the level of safety maintained without the exemptions 
for these CMV drivers.

DATES: Each group of renewed exemptions are effective from the dates 
stated in the discussions below. Comments must be received on or before 
December 7, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) numbers: Docket No. [Docket No. FMCSA-2006-
2575; FMCSA-2011-0193; FMCSA-2011-0194; FMCSA-2013-0183; FMCSA-2013-
0186; FMCSA-2013-0188; FMCSA-2013-0189], using any of the following 
methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line 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 or Courier: West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 
5 p.m., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the 
docket number for this notice. Note that DOT posts all comments 
received without change to http://www.regulations.gov, including any 
personal information included in a comment. Please see the Privacy Act 
heading below.
    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., Monday through Friday, 
except Federal holidays. The Federal Docket Management System (FDMS) is 
available 24 hours each day, 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 on-line.
    Privacy Act: Anyone may search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or of the person signing the comment, if 
submitted on behalf of an association, business, labor union, etc.). 
You may review DOT's Privacy Act Statement for the Federal Docket 
Management System (FDMS) published in the Federal Register on January 
17, 2008 (73 FR 3316).

FOR FURTHER INFORMATION CONTACT: Christine A. Hydock, Chief, Medical 
Programs Division, 202-366-4001, [email protected], FMCSA, 
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113, 
Washington, DC 20590-0001. Office hours are from 8 a.m. to 5:30 p.m. 
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption 
from the Federal Motor Carrier Safety Regulations 2-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 2-year period. The 90 individuals listed 
in this notice have recently become eligible for

[[Page 68896]]

a renewed exemption from the diabetes prohibition in 49 CFR 
391.41(b)(3), which applies to drivers of CMVs in interstate commerce. 
The drivers remain in good standing with the Agency, 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 2-year exemption period.

Exemption Decision

    This notice addresses 90 individuals who have requested renewal of 
their exemptions in accordance with FMCSA procedures. These 90 drivers 
remain in good standing with the Agency, 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 2-
year exemption period. Therefore, FMCSA has decided to extend each 
exemption for a renewable two-year period. Each individual is 
identified according to the renewal date.
    The exemptions are renewed subject to the following conditions: (1) 
That each individual submit a quarterly monitoring checklist completed 
by the treating endocrinologist as well as an annual checklist with a 
comprehensive medical evaluation; (2) that each individual reports 
within 2 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) that each individual submit an annual 
ophthalmologist's or optometrist's report; and (4) that each individual 
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 certification when driving, for presentation to 
a duly authorized Federal, State, or local enforcement official.

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 for additional two year periods. The following groups of 
drivers received renewed exemptions in the month of November and are 
discussed below.
    As of November 1, 2015, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 17 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 50482; 78 FR 
65754):

John K. Abels (IL)
Dean A. Bacon (IN)
Philip E. Banks (OH)
Anthony M. Bride (NJ)
Charles E. Dailey (AL)
Kenneth D. Denny (WA)
Adam M. Hogue (MS)
Allen D. LaFave (ND)
Greg P. Mason (NY)
Thomas D. Miller (MT)
Douglas A. Mulligan (KY)
David G. Peters (PA)
Robert J. Rispoli, Jr. (NY)
Mike P. Senn (MN)
Hames H. Suttles (AL)
Gregory F. Wendt (NE)
Michael J. Wickstrom (MI)

    The drivers were included in Docket No. FMCSA-2013-0183. Their 
exemptions are effective as of November 1, 2015 and will expire on 
November 1, 2017.
    As of November 6, 2015, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following individual, George J. Ehnot (PA), has 
satisfied the renewal conditions for obtaining an exemption from the 
rule prohibiting drivers with ITDM from driving CMVs in interstate 
commerce (78 FR 56988; 78 FR 67459).
    The driver was included in Docket No. FMCSA-2013-0186. The 
exemption is effective as of November 6, 2015 and will expire on 
November 6, 2017.
    As of November 9, 2015, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 11 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 55460; 78 FR 
69795):

Mark A. Blanton (IN)
Howard T. Cash (IL)
Heath J. Chesser (AL)
Kevin F. Connacher (PA)
Darryl A. Daniels (OH)
Carrie L. Frisby (CA)
Dean M. Keeven (MI)
Christopher A. Labudde (IL)
Brian A. Mankowski (IL)
Robert E. Welling (OH)
Keith Weymouth (ME)

    The drivers were included in Docket No. FMCSA-2011-0193. Their 
exemptions are effective as of November 9, 2015 and will expire on 
November 9, 2017.
    As of November 12, 2015, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 24 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 56988; 78 FR 
67459):

Charles E. Andersen (MN)
Philip B. Blythe (IL)
Ryan T. Byndas (AZ)
Winfred G. Clemenson (WA)
Michael C. Crewse (IL)
James D. Crosson, Jr. (MN)
Bruce E. Feltenbarger (MI)
Charles A. Fleming (VA)
Brian W. Hannah (UT)
Michael P. Huck (MI)
Van K. Jarrett (KY)
Keith W. Lewis (MO)
Eugene M. Mikell (NH)
Ronny J. Moreau (NH)
James M. O'Rourke (MA)
Joshua T. Paumer (MT)
Vladimir B. Petkov (MO)
Luther S. Pickell (KS)
Robert J. Pulliam (AZ)
Andrew W. Sprester (ND)
Vincent J. Terrizzi, Sr. (PA)
Daniel C. Theis (FL)
Richard A. White (TN)
Mark A. Winning (IL)

    The drivers were included in Docket No. FMCSA-2013-0186. Their 
exemptions are effective as of November 12, 2015 and will expire on 
November 12, 2017.
    As of November 16, 2015, 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. (76 FR 61140; 76 FR 
71111):

Mark D. Andersen (IA)
David A. Basher (MA)
Brian H. Berthiaume (VT)
Eric D. Blocker, Sr. (NC)
Berry W. Campbell (WI)
Raymond A. Jack (WA)
Quency T. Johnson (WI)
Kenny B. Keels, Jr. (SC)
Jason M. Pritchett (MI)
Steven R. Sibert (MN)
Cassie J. Silbernagel (SD)
Lewis B. Taylor (IL)
James A. Terilli (NY)

    The drivers were included in Docket No. FMCSA-2011-0194. Their 
exemptions are effective as of November 16, 2015 and will expire on 
November 16, 2017.
    As of November 19, 2015, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following individual, Marshall H. Evans (IL), has 
satisfied the renewal conditions for obtaining an exemption from the 
rule prohibiting drivers with ITDM from driving CMVs in interstate 
commerce (76 FR 63280; 76 FR 76398).
    The driver was included in Docket No. FMCSA-2013-0188. The 
exemption

[[Page 68897]]

is effective as of November 19, 2015 and will expire on November 19, 
2017.
    As of November 20, 2015, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 22 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 58464; 71 FR 
67201):

John N. Anderson (MN)
Allan C. Boyum (MN)
Terry L. Brantley (NC)
Steven E. Brechting (MI)
Scott A. Carlson (WI)
Joseph L. Coggins (SC)
Stephanie D. Fry (WY)
Robert W. Gaultney, Jr. (MD)
Paul T. Kubish (WI)
David M. Levy (NY)
Sterling C. Madsen (UT)
David F. Morin (CA)
Jeffrey J. Morinelli (NE)
Ronald D. Murphy (WV)
Charles B. Page (PA)
John A. Remaklus (OH)
Michael D. Schooler (IN)
Arthur L. Stapleton, Jr. (OH)
Carolyn J. Taylor (IN)
Jeffrey M. Thew (WA)
Barney J. Wade (MS)
Dennis D. Wade (IL)

    The drivers were included in Docket No. FMCSA-2006-2575. Their 
exemptions are effective as of November 20, 2015 and will expire on 
November 20, 2017.
    As of November 22, 2015, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following individual, Steven R. Auger (NH), has 
satisfied the renewal conditions for obtaining an exemption from the 
rule prohibiting drivers with ITDM from driving CMVs in interstate 
commerce (76 FR 63295; 76 FR 76400).
    The driver was included in Docket No. FMCSA-2013-0189. The 
exemption is effective as of November 22, 2015 and will expire on 
November 22, 2017.
    Each of the 90 drivers in the aforementioned groups qualifies for a 
renewal of the exemption. 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 2-
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 the 
90 drivers for a period of two years is likely to achieve a level of 
safety equal to that existing without the exemption. The drivers were 
included in docket numbers FMCSA-2006-2575; FMCSA-2011-0193; FMCSA-
2011-0194; FMCSA-2013-0183; FMCSA-2013-0186; FMCSA-2013-0188; FMCSA-
2013-0189.

Request for Comments

    FMCSA will review comments received at any time concerning a 
particular driver's safety record and determine if the continuation of 
the exemption is consistent with the requirements at 49 U.S.C. 31136(e) 
and 31315. However, FMCSA requests that interested parties with 
specific data concerning the safety records of these drivers submit 
comments by December 7, 2015.
    FMCSA believes that the requirements for a renewal of an exemption 
under 49 U.S.C. 31136(e) and 31315 can be satisfied by initially 
granting the renewal and then requesting and evaluating, if needed, 
subsequent comments submitted by interested parties. As indicated 
above, the Agency previously published notices of final disposition 
announcing its decision to exempt these 90 individuals from rule 
prohibiting persons with ITDM from operating CMVs in interstate 
commerce in 49 CFR 391.41(b)(3). The final decision to grant an 
exemption to each of these individuals was made on the merits of each 
case and made only after careful consideration of the comments received 
to its notices of applications. The notices of applications stated in 
detail the medical condition of each applicant for an exemption from 
rule prohibiting persons with ITDM from operating CMVs in interstate 
commerce. That information is available by consulting the above cited 
Federal Register publications.
    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.

Submitting Comments

    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 numbers FMCSA-2006-2575; FMCSA-
2011-0193; FMCSA-2011-0194; FMCSA-2013-0183; FMCSA-2013-0186; FMCSA-
2013-0188; FMCSA-2013-0189 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 material received during the 
comment period and may change this proposed rule based on your 
comments. FMCSA may issue a final rule at any time after the close of 
the comment period.

Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this 
preamble, To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number 
FMCSA-2006-2575; FMCSA-2011-0193; FMCSA-2011-0194; FMCSA-2013-0183; 
FMCSA-2013-0186; FMCSA-2013-0188; FMCSA-2013-0189 and click ``Search.'' 
Next, click ``Open Docket Folder'' and you will find all documents and 
comments related to the proposed rulemaking.

    Issued on: October 29, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-28316 Filed 11-5-15; 8:45 am]
BILLING CODE 4910-EX-P



                                                                               Federal Register / Vol. 80, No. 215 / Friday, November 6, 2015 / Notices                                           68895

                                                  land use; natural resources and energy                    Issued in Washington, DC, on: November 2,           Washington, DC, between 9 a.m. and 5
                                                  supply; noise and noise-compatible land                 2015.                                                 p.m., Monday through Friday, except
                                                  use; socioeconomics, environmental                      Daniel Murray,                                        Federal Holidays.
                                                  justice, and children’s health and safety               Manager, Space Transportation Development               • Fax: 1–202–493–2251.
                                                  risks; visual effects; water resources                  Division.                                               Instructions: Each submission must
                                                  (including wetlands, floodplains,                       [FR Doc. 2015–28336 Filed 11–5–15; 8:45 am]           include the Agency name and the
                                                  surface waters, groundwater, and wild                   BILLING CODE 4910–13–P                                docket number for this notice. Note that
                                                  and scenic rivers). This analysis will                                                                        DOT posts all comments received
                                                  include an evaluation of potential direct                                                                     without change to http://
                                                  and indirect impacts, and will account                  DEPARTMENT OF TRANSPORTATION                          www.regulations.gov, including any
                                                  for cumulative impacts from other                                                                             personal information included in a
                                                                                                          Federal Motor Carrier Safety                          comment. Please see the Privacy Act
                                                  relevant activities in the area of Camden               Administration                                        heading below.
                                                  County, Georgia.
                                                                                                          [Docket No. Docket No. FMCSA–2006–2575;                 Docket: For access to the docket to
                                                  Alternatives                                            FMCSA–2011–0193; FMCSA–2011–0194;                     read background documents or
                                                                                                          FMCSA–2013–0183; FMCSA–2013–0186;                     comments, go to http://
                                                     The alternatives under consideration                 FMCSA–2013–0188; FMCSA–2013–0189]                     www.regulations.gov at any time or
                                                  include the Proposed Action and the No                                                                        Room W12–140 on the ground level of
                                                  Action Alternative; however, based on                   Qualification of Drivers; Exemption                   the West Building, 1200 New Jersey
                                                  comments received during the scoping                    Applications; Diabetes                                Avenue SE., Washington, DC, between 9
                                                  period, the FAA may analyze additional                  AGENCY: Federal Motor Carrier Safety                  a.m. and 5 p.m., Monday through
                                                  alternatives. Under the No Action                       Administration (FMCSA), DOT.                          Friday, except Federal holidays. The
                                                  Alternative, the FAA would not issue a                  ACTION: Notice of renewal of
                                                                                                                                                                Federal Docket Management System
                                                  Launch Site Operator License to the                     exemptions; request for comments.                     (FDMS) is available 24 hours each day,
                                                  Camden County Board of                                                                                        365 days each year. If you want
                                                  Commissioners.                                          SUMMARY:   FMCSA announces its                        acknowledgment that we received your
                                                                                                          decision to renew the exemptions of 90                comments, please include a self-
                                                  Scoping Meeting                                         individuals from its rule prohibiting                 addressed, stamped envelope or
                                                                                                          persons with insulin-treated diabetes                 postcard or print the acknowledgement
                                                     A public scoping meeting will be held
                                                                                                          mellitus (ITDM) from operating                        page that appears after submitting
                                                  to solicit input from the public on                                                                           comments on-line.
                                                                                                          commercial motor vehicles (CMVs) in
                                                  potential issues that may need to be                                                                            Privacy Act: Anyone may search the
                                                                                                          interstate commerce. FMCSA has
                                                  evaluated in the EIS. The scoping                                                                             electronic form of all comments
                                                                                                          statutory authority to exempt
                                                  meeting will be held on Monday,                         individuals from this rule if the                     received into any of our dockets by the
                                                  December 7, 2015, from 5 p.m. to 8 p.m.,                exemptions granted will not                           name of the individual submitting the
                                                  at the Camden County Public Services                    compromise safety. The Agency has                     comment (or of the person signing the
                                                  Authority Recreation Center Community                   concluded that granting these                         comment, if submitted on behalf of an
                                                  Room, 1050 Wildcat Drive, Kingsland,                    exemption renewals will provide a level               association, business, labor union, etc.).
                                                  Georgia 31548. The meeting format will                  of safety that is equivalent to or greater            You may review DOT’s Privacy Act
                                                  include an open-house workshop from                     than the level of safety maintained                   Statement for the Federal Docket
                                                  5:00 p.m. to 6:00 p.m. The FAA will                     without the exemptions for these CMV                  Management System (FDMS) published
                                                  provide an overview of the                              drivers.                                              in the Federal Register on January 17,
                                                  environmental process from 6:00 p.m. to                 DATES: Each group of renewed                          2008 (73 FR 3316).
                                                  6:15 p.m., followed by a public                         exemptions are effective from the dates               FOR FURTHER INFORMATION CONTACT:
                                                  comment period from 6:15 p.m. to 8:00                   stated in the discussions below.                      Christine A. Hydock, Chief, Medical
                                                  p.m. During the public comment period,                  Comments must be received on or                       Programs Division, 202–366–4001,
                                                  members of the public may provide up                    before December 7, 2015.                              fmcsamedical@dot.gov, FMCSA,
                                                  to a 2-minute statement. The FAA will                   ADDRESSES: You may submit comments                    Department of Transportation, 1200
                                                  transcribe oral comments. Members of                    bearing the Federal Docket Management                 New Jersey Avenue SE., Room W64–
                                                  the public also may submit written or                   System (FDMS) numbers: Docket No.                     113, Washington, DC 20590–0001.
                                                  emailed comments. All comments                          [Docket No. FMCSA–2006–2575;                          Office hours are from 8 a.m. to 5:30 p.m.
                                                  received during the scoping period,                     FMCSA–2011–0193; FMCSA–2011–                          Monday through Friday, except Federal
                                                  whether provided in writing or verbally,                0194; FMCSA–2013–0183; FMCSA–                         holidays.
                                                  will be given equal weight and will be                  2013–0186; FMCSA–2013–0188;                           SUPPLEMENTARY INFORMATION:
                                                  taken into consideration in the                         FMCSA–2013–0189], using any of the
                                                                                                                                                                Background
                                                  preparation of the Draft EIS.                           following methods:
                                                                                                            • Federal eRulemaking Portal: Go to                    Under 49 U.S.C. 31136(e) and 31315,
                                                     More information on the proposed                                                                           FMCSA may renew an exemption from
                                                                                                          http://www.regulations.gov. Follow the
                                                  project and the NEPA process is                         on-line instructions for submitting                   the Federal Motor Carrier Safety
                                                  available on the project Web site at:                   comments.                                             Regulations 2-year period if it finds
                                                  http://www.faa.gov/about/office_org/                      • Mail: Docket Management Facility;
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                                                                                ‘‘such exemption would likely achieve a
                                                  headquarters_offices/ast/                               U.S. Department of Transportation, 1200               level of safety that is equivalent to or
                                                  environmental/nepa_docs/review/                         New Jersey Avenue SE., West Building                  greater than the level that would be
                                                  documents_progress/camden_                              Ground Floor, Room W12–140,                           achieved absent such exemption.’’ The
                                                  spaceport/.                                             Washington, DC 20590–0001.                            statute also allows the Agency to renew
                                                                                                            • Hand Delivery or Courier: West                    exemptions at the end of the 2-year
                                                                                                          Building Ground Floor, Room W12–140,                  period. The 90 individuals listed in this
                                                                                                          1200 New Jersey Avenue SE.,                           notice have recently become eligible for


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                                                  68896                        Federal Register / Vol. 80, No. 215 / Friday, November 6, 2015 / Notices

                                                  a renewed exemption from the diabetes                   have satisfied the renewal conditions for             prohibiting drivers with ITDM from
                                                  prohibition in 49 CFR 391.41(b)(3),                     obtaining an exemption from the rule                  driving CMVs in interstate commerce.
                                                  which applies to drivers of CMVs in                     prohibiting drivers with ITDM from                    (78 FR 56988; 78 FR 67459):
                                                  interstate commerce. The drivers remain                 driving CMVs in interstate commerce.                  Charles E. Andersen (MN)
                                                  in good standing with the Agency, have                  (78 FR 50482; 78 FR 65754):                           Philip B. Blythe (IL)
                                                  maintained their required medical                       John K. Abels (IL)                                    Ryan T. Byndas (AZ)
                                                  monitoring and have not exhibited any                   Dean A. Bacon (IN)                                    Winfred G. Clemenson (WA)
                                                  medical issues that would compromise                    Philip E. Banks (OH)                                  Michael C. Crewse (IL)
                                                  their ability to safely operate a CMV                   Anthony M. Bride (NJ)                                 James D. Crosson, Jr. (MN)
                                                  during the previous 2-year exemption                    Charles E. Dailey (AL)                                Bruce E. Feltenbarger (MI)
                                                  period.                                                 Kenneth D. Denny (WA)                                 Charles A. Fleming (VA)
                                                                                                          Adam M. Hogue (MS)                                    Brian W. Hannah (UT)
                                                  Exemption Decision                                                                                            Michael P. Huck (MI)
                                                                                                          Allen D. LaFave (ND)
                                                     This notice addresses 90 individuals                 Greg P. Mason (NY)                                    Van K. Jarrett (KY)
                                                  who have requested renewal of their                     Thomas D. Miller (MT)                                 Keith W. Lewis (MO)
                                                  exemptions in accordance with FMCSA                     Douglas A. Mulligan (KY)                              Eugene M. Mikell (NH)
                                                  procedures. These 90 drivers remain in                  David G. Peters (PA)                                  Ronny J. Moreau (NH)
                                                  good standing with the Agency, have                     Robert J. Rispoli, Jr. (NY)                           James M. O’Rourke (MA)
                                                  maintained their required medical                       Mike P. Senn (MN)                                     Joshua T. Paumer (MT)
                                                  monitoring and have not exhibited any                   Hames H. Suttles (AL)                                 Vladimir B. Petkov (MO)
                                                  medical issues that would compromise                    Gregory F. Wendt (NE)                                 Luther S. Pickell (KS)
                                                  their ability to safely operate a CMV                   Michael J. Wickstrom (MI)                             Robert J. Pulliam (AZ)
                                                  during the previous 2-year exemption                                                                          Andrew W. Sprester (ND)
                                                                                                             The drivers were included in Docket                Vincent J. Terrizzi, Sr. (PA)
                                                  period. Therefore, FMCSA has decided                    No. FMCSA–2013–0183. Their
                                                  to extend each exemption for a                                                                                Daniel C. Theis (FL)
                                                                                                          exemptions are effective as of November               Richard A. White (TN)
                                                  renewable two-year period. Each
                                                                                                          1, 2015 and will expire on November 1,                Mark A. Winning (IL)
                                                  individual is identified according to the
                                                                                                          2017.                                                   The drivers were included in Docket
                                                  renewal date.
                                                                                                             As of November 6, 2015, and in                     No. FMCSA–2013–0186. Their
                                                     The exemptions are renewed subject
                                                                                                          accordance with 49 U.S.C. 31136(e) and                exemptions are effective as of November
                                                  to the following conditions: (1) That
                                                                                                          31315, the following individual, George               12, 2015 and will expire on November
                                                  each individual submit a quarterly
                                                                                                          J. Ehnot (PA), has satisfied the renewal              12, 2017.
                                                  monitoring checklist completed by the
                                                                                                          conditions for obtaining an exemption                   As of November 16, 2015, and in
                                                  treating endocrinologist as well as an
                                                                                                          from the rule prohibiting drivers with                accordance with 49 U.S.C. 31136(e) and
                                                  annual checklist with a comprehensive
                                                                                                          ITDM from driving CMVs in interstate                  31315, the following 13 individuals
                                                  medical evaluation; (2) that each
                                                                                                          commerce (78 FR 56988; 78 FR 67459).                  have satisfied the renewal conditions for
                                                  individual reports within 2 business
                                                                                                             The driver was included in Docket                  obtaining an exemption from the rule
                                                  days of occurrence, all episodes of
                                                                                                          No. FMCSA–2013–0186. The exemption                    prohibiting drivers with ITDM from
                                                  severe hypoglycemia, significant
                                                                                                          is effective as of November 6, 2015 and               driving CMVs in interstate commerce.
                                                  complications, or inability to manage
                                                                                                          will expire on November 6, 2017.                      (76 FR 61140; 76 FR 71111):
                                                  diabetes; also, any involvement in an
                                                                                                             As of November 9, 2015, and in
                                                  accident or any other adverse event in                                                                        Mark D. Andersen (IA)
                                                                                                          accordance with 49 U.S.C. 31136(e) and
                                                  a CMV or personal vehicle, whether or                                                                         David A. Basher (MA)
                                                                                                          31315, the following 11 individuals
                                                  not it is related to an episode of                                                                            Brian H. Berthiaume (VT)
                                                                                                          have satisfied the renewal conditions for             Eric D. Blocker, Sr. (NC)
                                                  hypoglycemia; (3) that each individual
                                                                                                          obtaining an exemption from the rule                  Berry W. Campbell (WI)
                                                  submit an annual ophthalmologist’s or
                                                                                                          prohibiting drivers with ITDM from                    Raymond A. Jack (WA)
                                                  optometrist’s report; and (4) that each
                                                                                                          driving CMVs in interstate commerce.                  Quency T. Johnson (WI)
                                                  individual provide a copy of the annual
                                                                                                          (78 FR 55460; 78 FR 69795):                           Kenny B. Keels, Jr. (SC)
                                                  medical certification to the employer for
                                                  retention in the driver’s qualification                 Mark A. Blanton (IN)                                  Jason M. Pritchett (MI)
                                                  file, or keep a copy in his/her driver’s                Howard T. Cash (IL)                                   Steven R. Sibert (MN)
                                                  qualification file if he/she is self-                   Heath J. Chesser (AL)                                 Cassie J. Silbernagel (SD)
                                                  employed. The driver must also have a                   Kevin F. Connacher (PA)                               Lewis B. Taylor (IL)
                                                  copy of the certification when driving,                 Darryl A. Daniels (OH)                                James A. Terilli (NY)
                                                  for presentation to a duly authorized                   Carrie L. Frisby (CA)                                   The drivers were included in Docket
                                                  Federal, State, or local enforcement                    Dean M. Keeven (MI)                                   No. FMCSA–2011–0194. Their
                                                  official.                                               Christopher A. Labudde (IL)                           exemptions are effective as of November
                                                                                                          Brian A. Mankowski (IL)                               16, 2015 and will expire on November
                                                  Basis for Renewing Exemptions                           Robert E. Welling (OH)                                16, 2017.
                                                    Under 49 U.S.C. 31315(b)(1), an                       Keith Weymouth (ME)                                     As of November 19, 2015, and in
                                                  exemption may be granted for no longer                     The drivers were included in Docket                accordance with 49 U.S.C. 31136(e) and
                                                  than two years from its approval date                   No. FMCSA–2011–0193. Their                            31315, the following individual,
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                                                  and may be renewed upon application                     exemptions are effective as of November               Marshall H. Evans (IL), has satisfied the
                                                  for additional two year periods. The                    9, 2015 and will expire on November 9,                renewal conditions for obtaining an
                                                  following groups of drivers received                    2017.                                                 exemption from the rule prohibiting
                                                  renewed exemptions in the month of                         As of November 12, 2015, and in                    drivers with ITDM from driving CMVs
                                                  November and are discussed below.                       accordance with 49 U.S.C. 31136(e) and                in interstate commerce (76 FR 63280; 76
                                                    As of November 1, 2015, and in                        31315, the following 24 individuals                   FR 76398).
                                                  accordance with 49 U.S.C. 31136(e) and                  have satisfied the renewal conditions for               The driver was included in Docket
                                                  31315, the following 17 individuals                     obtaining an exemption from the rule                  No. FMCSA–2013–0188. The exemption


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                                                                               Federal Register / Vol. 80, No. 215 / Friday, November 6, 2015 / Notices                                                 68897

                                                  is effective as of November 19, 2015 and                2006–2575; FMCSA–2011–0193;                           are questions regarding your
                                                  will expire on November 19, 2017.                       FMCSA–2011–0194; FMCSA–2013–                          submission.
                                                     As of November 20, 2015, and in                      0183; FMCSA–2013–0186; FMCSA–                            To submit your comment online, go to
                                                  accordance with 49 U.S.C. 31136(e) and                  2013–0188; FMCSA–2013–0189.                           http://www.regulations.gov and in the
                                                  31315, the following 22 individuals                                                                           search box insert the docket numbers
                                                                                                          Request for Comments
                                                  have satisfied the renewal conditions for                                                                     FMCSA–2006–2575; FMCSA–2011–
                                                  obtaining an exemption from the rule                       FMCSA will review comments                         0193; FMCSA–2011–0194; FMCSA–
                                                  prohibiting drivers with ITDM from                      received at any time concerning a                     2013–0183; FMCSA–2013–0186;
                                                  driving CMVs in interstate commerce.                    particular driver’s safety record and                 FMCSA–2013–0188; FMCSA–2013–
                                                  (71 FR 58464; 71 FR 67201):                             determine if the continuation of the                  0189 and click the search button. When
                                                                                                          exemption is consistent with the                      the new screen appears, click on the
                                                  John N. Anderson (MN)
                                                                                                          requirements at 49 U.S.C. 31136(e) and                blue ‘‘Comment Now!’’ button on the
                                                  Allan C. Boyum (MN)
                                                                                                          31315. However, FMCSA requests that                   right hand side of the page. On the new
                                                  Terry L. Brantley (NC)
                                                                                                          interested parties with specific data                 page, enter information required
                                                  Steven E. Brechting (MI)
                                                                                                          concerning the safety records of these                including the specific section of this
                                                  Scott A. Carlson (WI)
                                                                                                          drivers submit comments by December                   document to which each comment
                                                  Joseph L. Coggins (SC)
                                                                                                          7, 2015.                                              applies, and provide a reason for each
                                                  Stephanie D. Fry (WY)
                                                                                                             FMCSA believes that the                            suggestion or recommendation. If you
                                                  Robert W. Gaultney, Jr. (MD)
                                                                                                          requirements for a renewal of an                      submit your comments by mail or hand
                                                  Paul T. Kubish (WI)
                                                                                                          exemption under 49 U.S.C. 31136(e) and                delivery, submit them in an unbound
                                                  David M. Levy (NY)
                                                                                                          31315 can be satisfied by initially                   format, no larger than 81⁄2 by 11 inches,
                                                  Sterling C. Madsen (UT)
                                                                                                          granting the renewal and then                         suitable for copying and electronic
                                                  David F. Morin (CA)
                                                                                                          requesting and evaluating, if needed,                 filing. If you submit comments by mail
                                                  Jeffrey J. Morinelli (NE)
                                                                                                          subsequent comments submitted by                      and would like to know that they
                                                  Ronald D. Murphy (WV)
                                                                                                          interested parties. As indicated above,               reached the facility, please enclose a
                                                  Charles B. Page (PA)
                                                                                                          the Agency previously published                       stamped, self-addressed postcard or
                                                  John A. Remaklus (OH)
                                                                                                          notices of final disposition announcing               envelope.
                                                  Michael D. Schooler (IN)
                                                                                                          its decision to exempt these 90                          We will consider all comments and
                                                  Arthur L. Stapleton, Jr. (OH)
                                                                                                          individuals from rule prohibiting                     material received during the comment
                                                  Carolyn J. Taylor (IN)
                                                                                                          persons with ITDM from operating                      period and may change this proposed
                                                  Jeffrey M. Thew (WA)
                                                                                                          CMVs in interstate commerce in 49 CFR                 rule based on your comments. FMCSA
                                                  Barney J. Wade (MS)
                                                                                                          391.41(b)(3). The final decision to grant             may issue a final rule at any time after
                                                  Dennis D. Wade (IL)
                                                                                                          an exemption to each of these                         the close of the comment period.
                                                     The drivers were included in Docket                  individuals was made on the merits of
                                                  No. FMCSA–2006–2575. Their                              each case and made only after careful                 Viewing Comments and Documents
                                                  exemptions are effective as of November                 consideration of the comments received                   To view comments, as well as any
                                                  20, 2015 and will expire on November                    to its notices of applications. The                   documents mentioned in this preamble,
                                                  20, 2017.                                               notices of applications stated in detail              To submit your comment online, go to
                                                     As of November 22, 2015, and in                      the medical condition of each applicant               http://www.regulations.gov and in the
                                                  accordance with 49 U.S.C. 31136(e) and                  for an exemption from rule prohibiting                search box insert the docket number
                                                  31315, the following individual, Steven                 persons with ITDM from operating                      FMCSA–2006–2575; FMCSA–2011–
                                                  R. Auger (NH), has satisfied the renewal                CMVs in interstate commerce. That                     0193; FMCSA–2011–0194; FMCSA–
                                                  conditions for obtaining an exemption                   information is available by consulting                2013–0183; FMCSA–2013–0186;
                                                  from the rule prohibiting drivers with                  the above cited Federal Register                      FMCSA–2013–0188; FMCSA–2013–
                                                  ITDM from driving CMVs in interstate                    publications.                                         0189 and click ‘‘Search.’’ Next, click
                                                  commerce (76 FR 63295; 76 FR 76400).                       Interested parties or organizations                ‘‘Open Docket Folder’’ and you will find
                                                     The driver was included in Docket                    possessing information that would                     all documents and comments related to
                                                  No. FMCSA–2013–0189. The exemption                      otherwise show that any, or all, of these             the proposed rulemaking.
                                                  is effective as of November 22, 2015 and                drivers are not currently achieving the
                                                  will expire on November 22, 2017.                       statutory level of safety should                        Issued on: October 29, 2015.
                                                     Each of the 90 drivers in the                        immediately notify FMCSA. The                         Larry W. Minor,
                                                  aforementioned groups qualifies for a                   Agency will evaluate any adverse                      Associate Administrator for Policy.
                                                  renewal of the exemption. They have                     evidence submitted and, if safety is                  [FR Doc. 2015–28316 Filed 11–5–15; 8:45 am]
                                                  maintained their required medical                       being compromised or if continuation of               BILLING CODE 4910–EX–P
                                                  monitoring and have not exhibited any                   the exemption would not be consistent
                                                  medical issues that would compromise                    with the goals and objectives of 49
                                                  their ability to safely operate a CMV                   U.S.C. 31136(e) and 31315, FMCSA will                 DEPARTMENT OF TRANSPORTATION
                                                  during the previous 2-year exemption                    take immediate steps to revoke the
                                                  period.                                                 exemption of a driver.                                Federal Transit Administration
                                                     These factors provide an adequate
                                                  basis for predicting each driver’s ability              Submitting Comments                                   Limitation on Claims Against Proposed
                                                                                                                                                                Public Transportation Projects
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                                                  to continue to drive safely in interstate                 You may submit your comments and
                                                  commerce. Therefore, FMCSA                              material online or by fax, mail, or hand              AGENCY: Federal Transit Administration
                                                  concludes that extending the exemption                  delivery, but please use only one of                  (FTA), DOT.
                                                  for each of the 90 drivers for a period                 these means. FMCSA recommends that                    ACTION: Notice.
                                                  of two years is likely to achieve a level               you include your name and a mailing
                                                  of safety equal to that existing without                address, an email address, or a phone                 SUMMARY:  This notice announces final
                                                  the exemption. The drivers were                         number in the body of your document                   environmental actions taken by the
                                                  included in docket numbers FMCSA–                       so that FMCSA can contact you if there                Federal Transit Administration (FTA)


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Document Created: 2015-12-14 15:09:14
Document Modified: 2015-12-14 15:09:14
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of renewal of exemptions; request for comments.
DatesEach group of renewed exemptions are effective from the dates stated in the discussions below. Comments must be received on or before December 7, 2015.
ContactChristine A. Hydock, Chief, Medical Programs Division, 202-366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113, Washington, DC 20590-0001. Office hours are from 8 a.m. to 5:30 p.m. Monday through Friday, except Federal holidays.
FR Citation80 FR 68895 

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