80_FR_74424 80 FR 74196 - Qualification of Drivers; Exemption Applications; Diabetes

80 FR 74196 - Qualification of Drivers; Exemption Applications; Diabetes

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 228 (November 27, 2015)

Page Range74196-74199
FR Document2015-30164

FMCSA announces its decision to renew the exemptions of 133 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 228 (Friday, November 27, 2015) 
[Federal Register Volume 80, Number 228 (Friday, November 27, 2015)]
[Notices]
[Pages 74196-74199]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30164]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2007-29035; FMCSA-2008-0293; FMCSA-2009-0242; FMCSA-
2011-0277; FMCSA-2011-0278; FMCSA-2013-0184; FMCSA-2013-0187; FMCSA-
2013-0190]


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 the exemptions of 133 
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 28, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) numbers: Docket No. FMCSA-2007-29035; FMCSA-
2008-0293; FMCSA-2009-0242; FMCSA-2011-0277; FMCSA-2011-0278; FMCSA-
2013-0184; FMCSA-2013-0187; FMCSA-2013-0190, 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 133 individuals listed 
in this notice have recently become eligible for 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

[[Page 74197]]

would compromise their ability to safely operate a CMV during the 
previous 2-year exemption period.

Exemption Decision

    This notice addresses 133 individuals who have requested renewal of 
their exemptions in accordance with FMCSA procedures. These 133 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 December and are 
discussed below.
    As of December 1, 2015, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 10 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce. (74 FR 48338; 74 FR 
62883):

Charles E. Boyd (NE)
Warren B. Copple, Jr. (MI)
Hernan Hernandez (CT)
Jeffrey E. Kiehl (MI)
Jesus G. Maesse (TX)
Jackson R. Olive (NY)
Thomas N. Pico (PA)
Paul Ramirez (OK)
Jon C. Thomas (MT)
Dennis M. Thyfault (UT)

    The drivers were included in Docket No. FMCSA-2009-0242. Their 
exemptions are effective as of December 1, 2015 and will expire on 
December 1, 2017.
    As of December 10, 2015, 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 (73 FR 63042; 73 FR 
75163):

Herschel J. Crawford (AK)
James E. Gaines (NJ)
Allan D. Gralapp (IA)
Scott L. Halm (OH)
Jason P. Smith (GA)
Dean A. Sullivan (KY)
Lawrence W. Thomas (AR)

    The drivers were included in Docket No. FMCSA-2008-0293. Their 
exemptions are effective as of December 10, 2015 and will expire on 
December 10, 2017.
    As of December 17, 2015, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 60 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 63298; 78 FR 
76397):

James L. Barnes (GA)
Toni Benfield (SC)
Peter J. Benz (FL)
Robert J. Berger, III (PA)
Daniel A. Bryan (PA)
Travis D. Clarkston (IN)
Romero Coleman (WI)
Michael L. Collins (WA)
Thomas S. Crawford (NY)
Stephen A. Cronin (FL)
Steven M. Dent (IA)
John S. Duvall (PA)
Robert S. Engel (IN)
Steven M. Ference (CT)
David W. Foster (TN)
Francis M. Garlach III (PA)
Allen D. Goddard (MO)
Brian L. Gregory (IL)
Alfonso Grijalva (CA)
Jason E. Jacobus (KY)
Bobby H. Johnson (GA)
Isadore Johnson Jr. (NY)
Jerry D. Joseph (OH)
Neal S. Kassebaum (TN)
Ervin A. Klocko, Jr.
Kevin E. Kneff (MO)
Margaret Lopez (NY)
John D. May (KS)
Kenneth B. Maynard, Jr. (NH)
Mike C. McDowell (TX)
Charles B. McKay (FL)
Norman C. Mertz (PA)
Travis F. Moon (GA)
Ronald Mooney (ID)
Martin J. Mostyn (OH)
Floyd P. Murray, Jr. (UT)
Steven D. Nowakowski (MD)
Gary D. Peters (NE)
Mark A. Pille (IA)
Stephen Plesz (CT)
Glen E. Pozernick (ID)
Jody R. Prause (MI)
Walter A. Przewrocki, Jr. (PA)
Andrew Quaglia (NY)
Stanley A. Sabin (KY)
Joseph F. Schafer, Jr. (PA)
Francis J. Schultz (PA)
Gary A. Sjokvist (ND)
Gary L. Snelling (AL)
Charles W. Sterling (WA)
Thomas L. Stoudnour (PA)
Matthew S. Thompson (PA)
Robin S. Travis (CO)
Richard A. Treadwell (PA)
James R. Troutman (PA)
William R. Van Gog (WA)
Charles S. Watson (IL)
William E. Wyant III (IA)
Mark A. Yurian (MT)
David M. Zanicky (PA)

    The drivers were included in Docket No. FMCSA-2013-0187. Their 
exemptions are effective as of December 17, 2015 and will expire on 
December 17, 2017.
    As of December 19, 2015, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 27 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 62514; 72 FR 
71996; 76 FR 64165; 76 FR 78718):

Robin R. Baumgartner (WI)
Joseph K. Beasley (GA)
Toni A. Brown (AR)
Glenn W. Burke (NY)
David P. Charest (FL)
Charles Demesmin (NJ)
Derek E. Dowling (PA)
Donald E. Dupke, Jr. (IN)
Frederick E. Dyer (MA)
Donald N. Ellis (IN)
Tim E. Holmberg (WI)
Russell D. Jordan (ND)
Warren D. Knabe (NE)
Jackie L. Lane (TX)
Dennis L. Lorenz (IN)
Robert J. Malone (NJ)
Clayton A. Powers (CA)
Dennis R. Scheel (SD)
Michael K. Schulist (MI)
Andrew P. Shirk (MS)
Jerry L. Smit (MN)
Reese L. Sullivan (TX)

[[Page 74198]]

Randy J. Voss (IL)
Robert M. Walker (PA)
Robert E. Weiss (MI)
Robert A. Wild (OR)
Randy L. Wyant (OR)

    The drivers were included in Docket No. FMCSA-2007-29035; FMCSA-
2011-0277. Their exemptions are effective as of December 19, 2015 and 
will expire on December 19, 2017.
    As of December 22, 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. (76 FR 66120; 76 FR 
79759):

Lennie D. Cook (OH)
David R. Cornelius (IL)
Scott A. Edwards (PA)
Ronald J. Ezell (MO)
Marcus M. Gagne (ME)
David P. Govero (MO)
Christopher A. Jones (WY)
Donald R. McClure, Jr. (PA)
Clyde G. Rishel, Jr. (PA)
Kurt Schneider (VT)
Douglas O. Sundby (ND)

    The drivers were included in Docket No. FMCSA-2011-0278. Their 
exemptions are effective as of December 22, 2015 and will expire on 
December 22, 2017.
    As of December 24, 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 64267; 78 FR 
77784):

John D. Clark (NJ)
David S. Monroe (KS)
William I. Harbolt (MT)
Mark G. Kahler (TX)
Larry W. Hines (NM)
Theeir L. Coleman (VA)
Michael W. McCrary (GA)
Jerry D. Zimmerman (ND)
James S. Tracy (ID)
John Baltich (PA)
Donald A. Spivey (TN)
Thomas B. Quirk (CT)
Steven M. Oliver (AZ)
Sean T. McMahon (WI)
David G. Shultz (PA)
Ryan L. Harrier (MI)
John E. Parker (KS)

    The drivers were included in Docket No. FMCSA-2013-0184. Their 
exemptions are effective as of December 24, 2015 and will expire on 
December 24, 2017.
    As of December 31, 2015, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following individual, Gary L. Crawford (OH), has 
satisfied the renewal conditions for obtaining an exemption from the 
rule prohibiting drivers with ITDM from driving CMVs in interstate 
commerce (78 FR 65034; 79 FR 3917).
    The driver was included in Docket No. FMCSA-2013-0190. The 
exemption is effective as of December 31, 2015 and will expire on 
December 31, 2017.
    Each of the 133 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 
133 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-2007-29035; FMCSA-2008-0293; FMCSA-
2009-0242; FMCSA-2011-0277; FMCSA-2011-0278; FMCSA-2013-0184; FMCSA-
2013-0187; FMCSA-2013-0190.

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 28, 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 133 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-2007-29035; FMCSA-
2008-0293; FMCSA-2009-0242; FMCSA-2011-0277; FMCSA-2011-0278; FMCSA-
2013-0184; FMCSA-2013-0187; FMCSA-2013-0190 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-2007-29035; FMCSA-2008-

[[Page 74199]]

0293; FMCSA-2009-0242; FMCSA-2011-0277; FMCSA-2011-0278; FMCSA-2013-
0184; FMCSA-2013-0187; FMCSA-2013-0190 and click ``Search.'' Next, 
click ``Open Docket Folder'' and you will find all documents and 
comments related to the proposed rulemaking.

    Issued on: November 16, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-30164 Filed 11-25-15; 8:45 am]
 BILLING CODE 4910-EX-P

74196 Federal Register / Vol. 80, No. 228 / Friday, November 27, 2015 / Notices medical requirements that are deemed DEPARTMENT OF TRANSPORTATION without change to http:// medically necessary. www.regulations.gov, including any The FMCSA concluded that all of the Federal Motor Carrier Safety personal information included in a operating, monitoring and medical Administration comment. Please see the Privacy Act requirements set out in the September 3, [Docket No. FMCSA–2007–29035; FMCSA– heading below. 2003 notice, except as modified, were in 2008–0293; FMCSA–2009–0242; FMCSA– Docket: For access to the docket to compliance with section 4129(d). 2011–0277; FMCSA–2011–0278; FMCSA– read background documents or Therefore, all of the requirements set 2013–0184; FMCSA–2013–0187; FMCSA– comments, go to http:// out in the September 3, 2003 notice, 2013–0190] www.regulations.gov at any time or except as modified by the notice in the Room W12–140 on the ground level of Federal Register on November 8, 2005 Qualification of Drivers; Exemption the West Building, 1200 New Jersey (70 FR 67777), remain in effect. Applications; Diabetes Avenue SE., Washington, DC, between 9 AGENCY: Federal Motor Carrier Safety a.m. and 5 p.m., Monday through IV. Submitting Comments Administration (FMCSA), DOT. Friday, except Federal holidays. The You may submit your comments and Federal Docket Management System material online or by fax, mail, or hand ACTION: Notice of renewal of (FDMS) is available 24 hours each day, delivery, but please use only one of exemptions; request for comments. 365 days each year. If you want these means. FMCSA recommends that SUMMARY: FMCSA announces its acknowledgment that we received your you include your name and a mailing decision to renew the exemptions of 133 comments, please include a self- address, an email address, or a phone individuals from its rule prohibiting addressed, stamped envelope or number in the body of your document persons with insulin-treated diabetes postcard or print the acknowledgement so that FMCSA can contact you if there mellitus (ITDM) from operating page that appears after submitting are questions regarding your commercial motor vehicles (CMVs) in comments on-line. submission. interstate commerce. FMCSA has Privacy Act: Anyone may search the To submit your comment online, go to statutory authority to exempt electronic form of all comments http://www.regulations.gov and in the individuals from this rule if the received into any of our dockets by the search box insert the docket number exemptions granted will not name of the individual submitting the FMCSA–2015–0337 and click the search compromise safety. The Agency has comment (or of the person signing the button. When the new screen appears, concluded that granting these comment, if submitted on behalf of an click on the blue ‘‘Comment Now!’’ exemption renewals will provide a level association, business, labor union, etc.). button on the right hand side of the of safety that is equivalent to or greater You may review DOT’s Privacy Act page. On the new page, enter than the level of safety maintained Statement for the Federal Docket information required including the without the exemptions for these CMV Management System (FDMS) published specific section of this document to drivers. in the Federal Register on January 17, which each comment applies, and 2008 (73 FR 3316). DATES: Each group of renewed provide a reason for each suggestion or FOR FURTHER INFORMATION CONTACT: recommendation. If you submit your exemptions are effective from the dates stated in the discussions below. Christine A. Hydock, Chief, Medical comments by mail or hand delivery, Programs Division, 202–366–4001, submit them in an unbound format, no Comments must be received on or before December 28, 2015. fmcsamedical@dot.gov, FMCSA, larger than 81⁄2 by 11 inches, suitable for Department of Transportation, 1200 copying and electronic filing. If you ADDRESSES: You may submit comments bearing the Federal Docket Management New Jersey Avenue SE., Room W64– submit comments by mail and would 113, Washington, DC 20590–0001. like to know that they reached the System (FDMS) numbers: Docket No. FMCSA–2007–29035; FMCSA–2008– Office hours are from 8 a.m. to 5:30 p.m. facility, please enclose a stamped, self- Monday through Friday, except Federal addressed postcard or envelope. 0293; FMCSA–2009–0242; FMCSA– 2011–0277; FMCSA–2011–0278; holidays. We will consider all comments and material received during the comment FMCSA–2013–0184; FMCSA–2013– SUPPLEMENTARY INFORMATION: period and may change this proposed 0187; FMCSA–2013–0190, using any of Background rule based on your comments. FMCSA the following methods: may issue a final rule at any time after • Federal eRulemaking Portal: Go to Under 49 U.S.C. 31136(e) and 31315, http://www.regulations.gov. Follow the FMCSA may renew an exemption from the close of the comment period. on-line instructions for submitting the Federal Motor Carrier Safety V. Viewing Comments and Documents comments. Regulations 2-year period if it finds To view comments, as well as any • Mail: Docket Management Facility; ‘‘such exemption would likely achieve a documents mentioned in this preamble, U.S. Department of Transportation, 1200 level of safety that is equivalent to or To submit your comment online, go to New Jersey Avenue SE., West Building greater than the level that would be http://www.regulations.gov and in the Ground Floor, Room W12–140, achieved absent such exemption.’’ The search box insert the docket number Washington, DC 20590–0001. statute also allows the Agency to renew FMCSA–2015–0337 and click ‘‘Search.’’ • Hand Delivery or Courier: West exemptions at the end of the 2-year Next, click ‘‘Open Docket Folder’’ and Building Ground Floor, Room W12–140, period. The 133 individuals listed in you will find all documents and 1200 New Jersey Avenue SE., this notice have recently become mstockstill on DSK4VPTVN1PROD with NOTICES comments related to the proposed Washington, DC, between 9 a.m. and 5 eligible for a renewed exemption from rulemaking. p.m., Monday through Friday, except the diabetes prohibition in 49 CFR Federal Holidays. 391.41(b)(3), which applies to drivers of Issued on: November 16, 2015. • Fax: 1–202–493–2251. CMVs in interstate commerce. The Larry W. Minor, Instructions: Each submission must drivers remain in good standing with Associate Administrator for Policy. include the Agency name and the the Agency, have maintained their [FR Doc. 2015–30151 Filed 11–25–15; 8:45 am] docket number for this notice. Note that required medical monitoring and have BILLING CODE 4910–EX–P DOT posts all comments received not exhibited any medical issues that VerDate Sep<11>2014 19:01 Nov 25, 2015 Jkt 238001 PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 E:\FR\FM\27NON1.SGM 27NON1

Federal Register / Vol. 80, No. 228 / Friday, November 27, 2015 / Notices 74197 would compromise their ability to safely Jeffrey E. Kiehl (MI) Kenneth B. Maynard, Jr. (NH) operate a CMV during the previous 2- Jesus G. Maesse (TX) Mike C. McDowell (TX) year exemption period. Jackson R. Olive (NY) Charles B. McKay (FL) Thomas N. Pico (PA) Norman C. Mertz (PA) Exemption Decision Paul Ramirez (OK) Travis F. Moon (GA) This notice addresses 133 individuals Jon C. Thomas (MT) Ronald Mooney (ID) who have requested renewal of their Dennis M. Thyfault (UT) Martin J. Mostyn (OH) exemptions in accordance with FMCSA The drivers were included in Docket Floyd P. Murray, Jr. (UT) procedures. These 133 drivers remain in No. FMCSA–2009–0242. Their Steven D. Nowakowski (MD) good standing with the Agency, have exemptions are effective as of December Gary D. Peters (NE) maintained their required medical 1, 2015 and will expire on December 1, Mark A. Pille (IA) monitoring and have not exhibited any 2017. Stephen Plesz (CT) medical issues that would compromise As of December 10, 2015, and in Glen E. Pozernick (ID) their ability to safely operate a CMV accordance with 49 U.S.C. 31136(e) and Jody R. Prause (MI) during the previous 2-year exemption 31315, the following 7 individuals, have Walter A. Przewrocki, Jr. (PA) period. Therefore, FMCSA has decided satisfied the renewal conditions for Andrew Quaglia (NY) to extend each exemption for a obtaining an exemption from the rule Stanley A. Sabin (KY) renewable two-year period. Each prohibiting drivers with ITDM from Joseph F. Schafer, Jr. (PA) individual is identified according to the driving CMVs in interstate commerce Francis J. Schultz (PA) renewal date. (73 FR 63042; 73 FR 75163): Gary A. Sjokvist (ND) The exemptions are renewed subject Gary L. Snelling (AL) to the following conditions: (1) That Herschel J. Crawford (AK) James E. Gaines (NJ) Charles W. Sterling (WA) each individual submit a quarterly Thomas L. Stoudnour (PA) monitoring checklist completed by the Allan D. Gralapp (IA) Scott L. Halm (OH) Matthew S. Thompson (PA) treating endocrinologist as well as an Robin S. Travis (CO) annual checklist with a comprehensive Jason P. Smith (GA) Dean A. Sullivan (KY) Richard A. Treadwell (PA) medical evaluation; (2) that each James R. Troutman (PA) individual reports within 2 business Lawrence W. Thomas (AR) William R. Van Gog (WA) days of occurrence, all episodes of The drivers were included in Docket Charles S. Watson (IL) severe hypoglycemia, significant No. FMCSA–2008–0293. Their William E. Wyant III (IA) complications, or inability to manage exemptions are effective as of December Mark A. Yurian (MT) diabetes; also, any involvement in an 10, 2015 and will expire on December David M. Zanicky (PA) accident or any other adverse event in 10, 2017. As of December 17, 2015, and in The drivers were included in Docket a CMV or personal vehicle, whether or accordance with 49 U.S.C. 31136(e) and No. FMCSA–2013–0187. Their not it is related to an episode of 31315, the following 60 individuals exemptions are effective as of December hypoglycemia; (3) that each individual have satisfied the renewal conditions for 17, 2015 and will expire on December submit an annual ophthalmologist’s or obtaining an exemption from the rule 17, 2017. optometrist’s report; and (4) that each prohibiting drivers with ITDM from As of December 19, 2015, and in individual provide a copy of the annual driving CMVs in interstate commerce. accordance with 49 U.S.C. 31136(e) and medical certification to the employer for (78 FR 63298; 78 FR 76397): 31315, the following 27 individuals retention in the driver’s qualification have satisfied the renewal conditions for file, or keep a copy in his/her driver’s James L. Barnes (GA) obtaining an exemption from the rule qualification file if he/she is self- Toni Benfield (SC) prohibiting drivers with ITDM from employed. The driver must also have a Peter J. Benz (FL) Robert J. Berger, III (PA) driving CMVs in interstate commerce. copy of the certification when driving, Daniel A. Bryan (PA) (72 FR 62514; 72 FR 71996; 76 FR for presentation to a duly authorized Travis D. Clarkston (IN) 64165; 76 FR 78718): Federal, State, or local enforcement official. Romero Coleman (WI) Robin R. Baumgartner (WI) Michael L. Collins (WA) Joseph K. Beasley (GA) Basis for Renewing Exemptions Thomas S. Crawford (NY) Toni A. Brown (AR) Under 49 U.S.C. 31315(b)(1), an Stephen A. Cronin (FL) Glenn W. Burke (NY) exemption may be granted for no longer Steven M. Dent (IA) David P. Charest (FL) than two years from its approval date John S. Duvall (PA) Charles Demesmin (NJ) and may be renewed upon application Robert S. Engel (IN) Derek E. Dowling (PA) for additional two year periods. The Steven M. Ference (CT) Donald E. Dupke, Jr. (IN) following groups of drivers received David W. Foster (TN) Frederick E. Dyer (MA) renewed exemptions in the month of Francis M. Garlach III (PA) Donald N. Ellis (IN) December and are discussed below. Allen D. Goddard (MO) Tim E. Holmberg (WI) As of December 1, 2015, and in Brian L. Gregory (IL) Russell D. Jordan (ND) accordance with 49 U.S.C. 31136(e) and Alfonso Grijalva (CA) Warren D. Knabe (NE) 31315, the following 10 individuals Jason E. Jacobus (KY) Jackie L. Lane (TX) mstockstill on DSK4VPTVN1PROD with NOTICES have satisfied the renewal conditions for Bobby H. Johnson (GA) Dennis L. Lorenz (IN) obtaining an exemption from the rule Isadore Johnson Jr. (NY) Robert J. Malone (NJ) prohibiting drivers with ITDM from Jerry D. Joseph (OH) Clayton A. Powers (CA) driving CMVs in interstate commerce. Neal S. Kassebaum (TN) Dennis R. Scheel (SD) (74 FR 48338; 74 FR 62883): Ervin A. Klocko, Jr. Michael K. Schulist (MI) Charles E. Boyd (NE) Kevin E. Kneff (MO) Andrew P. Shirk (MS) Warren B. Copple, Jr. (MI) Margaret Lopez (NY) Jerry L. Smit (MN) Hernan Hernandez (CT) John D. May (KS) Reese L. Sullivan (TX) VerDate Sep<11>2014 19:01 Nov 25, 2015 Jkt 238001 PO 00000 Frm 00127 Fmt 4703 Sfmt 4703 E:\FR\FM\27NON1.SGM 27NON1

74198 Federal Register / Vol. 80, No. 228 / Friday, November 27, 2015 / Notices Randy J. Voss (IL) conditions for obtaining an exemption CMVs in interstate commerce. That Robert M. Walker (PA) from the rule prohibiting drivers with information is available by consulting Robert E. Weiss (MI) ITDM from driving CMVs in interstate the above cited Federal Register Robert A. Wild (OR) commerce (78 FR 65034; 79 FR 3917). publications. Randy L. Wyant (OR) The driver was included in Docket Interested parties or organizations The drivers were included in Docket No. FMCSA–2013–0190. The exemption possessing information that would No. FMCSA–2007–29035; FMCSA– is effective as of December 31, 2015 and otherwise show that any, or all, of these 2011–0277. Their exemptions are will expire on December 31, 2017. drivers are not currently achieving the effective as of December 19, 2015 and Each of the 133 drivers in the statutory level of safety should will expire on December 19, 2017. aforementioned groups qualifies for a immediately notify FMCSA. The As of December 22, 2015, and in renewal of the exemption. They have Agency will evaluate any adverse accordance with 49 U.S.C. 31136(e) and maintained their required medical evidence submitted and, if safety is 31315, the following 11 individuals monitoring and have not exhibited any being compromised or if continuation of have satisfied the renewal conditions for medical issues that would compromise the exemption would not be consistent obtaining an exemption from the rule their ability to safely operate a CMV with the goals and objectives of 49 prohibiting drivers with ITDM from during the previous 2-year exemption U.S.C. 31136(e) and 31315, FMCSA will driving CMVs in interstate commerce. period. take immediate steps to revoke the (76 FR 66120; 76 FR 79759): These factors provide an adequate exemption of a driver. basis for predicting each driver’s ability Lennie D. Cook (OH) to continue to drive safely in interstate Submitting Comments David R. Cornelius (IL) commerce. Therefore, FMCSA You may submit your comments and Scott A. Edwards (PA) concludes that extending the exemption material online or by fax, mail, or hand Ronald J. Ezell (MO) for each of the 133 drivers for a period delivery, but please use only one of Marcus M. Gagne (ME) of two years is likely to achieve a level these means. FMCSA recommends that David P. Govero (MO) of safety equal to that existing without you include your name and a mailing Christopher A. Jones (WY) the exemption. The drivers were address, an email address, or a phone Donald R. McClure, Jr. (PA) included in docket numbers FMCSA– number in the body of your document Clyde G. Rishel, Jr. (PA) 2007–29035; FMCSA–2008–0293; so that FMCSA can contact you if there Kurt Schneider (VT) FMCSA–2009–0242; FMCSA–2011– are questions regarding your Douglas O. Sundby (ND) 0277; FMCSA–2011–0278; FMCSA– submission. The drivers were included in Docket 2013–0184; FMCSA–2013–0187; To submit your comment online, go to No. FMCSA–2011–0278. Their FMCSA–2013–0190. http://www.regulations.gov and in the exemptions are effective as of December search box insert the docket numbers 22, 2015 and will expire on December Request for Comments FMCSA–2007–29035; FMCSA–2008– 22, 2017. FMCSA will review comments 0293; FMCSA–2009–0242; FMCSA– As of December 24, 2015, and in received at any time concerning a 2011–0277; FMCSA–2011–0278; accordance with 49 U.S.C. 31136(e) and particular driver’s safety record and FMCSA–2013–0184; FMCSA–2013– 31315, the following 17 individuals determine if the continuation of the 0187; FMCSA–2013–0190 and click the have satisfied the renewal conditions for exemption is consistent with the search button. When the new screen obtaining an exemption from the rule requirements at 49 U.S.C. 31136(e) and appears, click on the blue ‘‘Comment prohibiting drivers with ITDM from 31315. However, FMCSA requests that Now!’’ button on the right hand side of driving CMVs in interstate commerce. interested parties with specific data the page. On the new page, enter (78 FR 64267; 78 FR 77784): concerning the safety records of these information required including the John D. Clark (NJ) drivers submit comments by December specific section of this document to David S. Monroe (KS) 28, 2015. which each comment applies, and William I. Harbolt (MT) FMCSA believes that the provide a reason for each suggestion or Mark G. Kahler (TX) requirements for a renewal of an recommendation. If you submit your Larry W. Hines (NM) exemption under 49 U.S.C. 31136(e) and comments by mail or hand delivery, Theeir L. Coleman (VA) 31315 can be satisfied by initially submit them in an unbound format, no Michael W. McCrary (GA) granting the renewal and then larger than 81⁄2 by 11 inches, suitable for Jerry D. Zimmerman (ND) requesting and evaluating, if needed, copying and electronic filing. If you James S. Tracy (ID) subsequent comments submitted by submit comments by mail and would John Baltich (PA) interested parties. As indicated above, like to know that they reached the Donald A. Spivey (TN) the Agency previously published facility, please enclose a stamped, self- Thomas B. Quirk (CT) notices of final disposition announcing addressed postcard or envelope. Steven M. Oliver (AZ) its decision to exempt these 133 We will consider all comments and Sean T. McMahon (WI) individuals from rule prohibiting material received during the comment David G. Shultz (PA) persons with ITDM from operating period and may change this proposed Ryan L. Harrier (MI) CMVs in interstate commerce in 49 CFR rule based on your comments. FMCSA John E. Parker (KS) 391.41(b)(3). The final decision to grant may issue a final rule at any time after The drivers were included in Docket an exemption to each of these the close of the comment period. mstockstill on DSK4VPTVN1PROD with NOTICES No. FMCSA–2013–0184. Their individuals was made on the merits of exemptions are effective as of December each case and made only after careful Viewing Comments and Documents 24, 2015 and will expire on December consideration of the comments received To view comments, as well as any 24, 2017. to its notices of applications. The documents mentioned in this preamble, As of December 31, 2015, and in notices of applications stated in detail to submit your comment online, go to accordance with 49 U.S.C. 31136(e) and the medical condition of each applicant http://www.regulations.gov and in the 31315, the following individual, Gary L. for an exemption from rule prohibiting search box insert the docket number Crawford (OH), has satisfied the renewal persons with ITDM from operating FMCSA–2007–29035; FMCSA–2008– VerDate Sep<11>2014 19:01 Nov 25, 2015 Jkt 238001 PO 00000 Frm 00128 Fmt 4703 Sfmt 4703 E:\FR\FM\27NON1.SGM 27NON1

Federal Register / Vol. 80, No. 228 / Friday, November 27, 2015 / Notices 74199 0293; FMCSA–2009–0242; FMCSA– • Mail: Docket Management Facility, which the comment applies, and 2011–0277; FMCSA–2011–0278; U.S. Department of Transportation, 1200 provide a reason for suggestions or FMCSA–2013–0184; FMCSA–2013– New Jersey Avenue SE., West Building, recommendations. You may submit 0187; FMCSA–2013–0190 and click Ground Floor, Room W12–140, your comments and material online or ‘‘Search.’’ Next, click ‘‘Open Docket Washington, DC 20590–0001. by fax, mail, or hand delivery, but Folder’’ and you will find all documents • Hand Delivery or Courier: West please use only one of these means. and comments related to the proposed Building, Ground Floor, Room W12– FMCSA recommends that you include rulemaking. 140, 1200 New Jersey Avenue SE., your name and a mailing address, an Issued on: November 16, 2016. between 9 a.m. and 5 p.m., Monday email address, or a phone number in the through Friday, except Federal holidays. body of your document so the Agency Larry W. Minor, • Fax: 1–202–493–2251 can contact you if it has questions Associate Administrator for Policy. regarding your submission. Each submission must include the [FR Doc. 2015–30164 Filed 11–25–15; 8:45 am] To submit your comment online, go to Agency name and the docket number for BILLING CODE 4910–EX–P this notice. Note that DOT posts all www.regulations.gov and put the docket comments received without change to number, ‘‘FMCSA–2015–0397’’ in the www.regulations.gov, including any ‘‘Keyword’’ box, and click ‘‘Search.’’ DEPARTMENT OF TRANSPORTATION When the new screen appears, click on personal information included in a comment. Please see the Privacy Act ‘‘Comment Now!’’ button and type your Federal Motor Carrier Safety comment into the text box in the Administration heading below. Docket: For access to the docket to following screen. Choose whether you read background documents or are submitting your comment as an [Docket No. FMCSA–2015–0397] comments, go to www.regulations.gov at individual or on behalf of a third party Commercial Driver’s License: Oregon any time or visit Room W12–140 on the and then submit. If you submit your Department of Transportation; ground level of the West Building, 1200 comments by mail or hand delivery, Application for Exemption New Jersey Avenue SE., Washington, submit them in an unbound format, no DC, between 9 a.m. and 5 p.m., ET, larger than 81⁄2 by 11 inches, suitable for AGENCY: Federal Motor Carrier Safety Monday through Friday, except Federal copying and electronic filing. If you Administration (FMCSA), DOT. holidays. The on-line FDMS is available submit comments by mail and would ACTION: Notice of application for 24 hours each day, 365 days each year. like to know that they reached the exemption; request for comments. If you want acknowledgment that we facility, please enclose a stamped, self- received your comments, please include addressed postcard or envelope. FMCSA SUMMARY: FMCSA announces that it has a self-addressed, stamped envelope or will consider all comments and material received an application from the Oregon postcard or print the acknowledgement received during the comment period Department of Transportation (ODOT) page that appears after submitting and may grant or not grant this for a limited exemption from the comments on-line. application based on your comments. Agency’s commercial learner’s permit Privacy Act: In accordance with 5 Viewing Comments and Documents (CLP) requirement in 49 CFR 383.25(c). U.S.C. 553(c), DOT solicits comments The regulation provides that the CLP be To view comments, as well as from the public to better inform its documents mentioned in this preamble valid for no more than 180 days from rulemaking process. DOT posts these the date of issuance. The State of as being available in the docket, go to comments, without edit, including any www.regulations.gov and insert the issuance may renew the CLP for an personal information the commenter additional 180 days without requiring docket number, ‘‘FMCSA–2015–0397’’ provides, to www.regulations.gov, as in the ‘‘Keyword’’ box and click the CLP holder to retake the general and described in the system of records endorsement knowledge tests. ODOT ‘‘Search.’’ Next, click ‘‘Open Docket notice (DOT/ALL–14 FDMS), which can Folder’’ button and choose the proposes that it be allowed to extend the be reviewed at www.dot.gov/privacy. 180-day timeline to one year for CLPs document listed to review. If you do not FOR FURTHER INFORMATION CONTACT: For have access to the Internet, you may issued to its drivers for multiple reasons. ODOT believes that there information concerning this notice, view the docket online by visiting the would be no impact on safety if the contact Ms. Pearlie Robinson, FMCSA Docket Management Facility in Room exemption is granted. FMCSA requests Driver and Carrier Operations Division; W12–140 on the ground floor of the public comment on ODOT’s application Office of Carrier, Driver and Vehicle DOT West Building, 1200 New Jersey for exemption. In addition, because the Safety Standards; Telephone: 202–366– Avenue SE., Washington, DC 20590, issues concerning ODOT’s request could 4325. Email: MCPSD@dot.gov. If you between 9 a.m. and 5 p.m., e.t., Monday be applicable to each State, FMCSA have questions on viewing or submitting through Friday, except Federal holidays. requests public comments whether the material to the docket, contact Docket Services, telephone (202) 366–9826. II. Legal Basis exemption, if granted, should apply to all State Driver’s Licensing Agencies SUPPLEMENTARY INFORMATION: FMCSA has authority under 49 U.S.C. (SDLAs). 31136(e) and 31315 to grant exemptions I. Public Participation and Request for from certain parts of the Federal Motor DATES: Comments must be received on Comments Carrier Safety Regulations. FMCSA must or before December 28, 2015. FMCSA encourages you to participate publish a notice of each exemption mstockstill on DSK4VPTVN1PROD with NOTICES ADDRESSES: You may submit comments by submitting comments and related request in the Federal Register (49 CFR bearing the Federal Docket Management materials. 381.315(a)). The Agency must provide System (FDMS) Docket ID FMCSA the public an opportunity to inspect the FMCSA–2015–0397 using any of the Submitting Comments information relevant to the application, following methods: If you submit a comment, please including any safety analyses that have • Federal eRulemaking Portal: include the docket number for this been conducted. The Agency must also www.regulations.gov. Follow the online notice (FMCSA–2015–0397), indicate provide an opportunity for public instructions for submitting comments. the specific section of this document to comment on the request. VerDate Sep<11>2014 19:01 Nov 25, 2015 Jkt 238001 PO 00000 Frm 00129 Fmt 4703 Sfmt 4703 E:\FR\FM\27NON1.SGM 27NON1


Document Created: 2015-12-14 14:05:23
Document Modified: 2015-12-14 14:05:23
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 28, 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 74196 
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