81_FR_42176 81 FR 42052 - Qualification of Drivers; Exemption Applications; Diabetes

81 FR 42052 - Qualification of Drivers; Exemption Applications; Diabetes

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 124 (June 28, 2016)

Page Range42052-42054
FR Document2016-15222

FMCSA announces its decision to renew the exemptions from its rule prohibiting persons with insulin-treated diabetes mellitus (ITDM) from operating commercial motor vehicles (CMVs) in interstate commerce for 90 individuals. 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 81 Issue 124 (Tuesday, June 28, 2016)
[Federal Register Volume 81, Number 124 (Tuesday, June 28, 2016)]
[Notices]
[Pages 42052-42054]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15222]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[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 exemption; request for comments.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces its decision to renew the exemptions from its 
rule prohibiting persons with insulin-treated diabetes mellitus (ITDM) 
from operating commercial motor vehicles (CMVs) in interstate commerce 
for 90 individuals. 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.

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 W64-224, 
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5:00 p.m. 
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: 

I. Electronic Access

    You may submit comments using the following Federal Docket 
Management System (FDMS) Docket Nos. discussed in this notice 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: 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 numbers for this notice. Note that all comments received will be 
posted without change to http://www.regulations.gov, including any 
personal information provided. Please see the Privacy Act heading below 
for further information.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov at any time or 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: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these

[[Page 42053]]

comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

II. Background

    On November 6, 2015, FMCSA published a notice of intent to renew 
the exemptions of drivers who have previously held exemptions, and 
requested comments from the public (80 FR 68895). The 90 individuals 
have held exemptions from the Agency's rule prohibiting persons with 
ITDM from operating CMVs in interstate commerce.
    Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption in 
49 CFR 391.41(b)(3), which applies to drivers of CMVs in interstate 
commerce, for a two-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 
procedures for requesting an exemption (including renewals) are set out 
in 49 CFR part 381.

III. Request for Comments

    Interested parties or organizations possessing information that 
would otherwise show that any, or all, of these drivers are not 
currently achieving the statutory level of safety should immediately 
notify FMCSA. The Agency will evaluate any adverse 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. FMCSA encourages you to participate by 
submitting comments and related materials.

IV. Basis for Renewing Exemptions

    This notice addresses 90 individuals who have requested renewal of 
their exemptions in accordance with FMCSA procedures. FMCSA has 
evaluated these 90 applications for renewal on their merits and decided 
to extend each exemption for a renewable two-year period.
    In accordance with 49 U.S.C. 31136(e) and 31315, the following 
groups of drivers received renewed exemptions in the month of November 
and are discussed below.
    As of November 1, 2015 the following 17 individuals have satisfied 
conditions for obtaining a renewed exemption from the rule prohibiting 
drivers with ITDM from driving CMVs in interstate commerce (78 FR 
50482; 78 FR 65754; 80 FR 68895):

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, 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; 80 FR 68895).

    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, the following 11 individuals have satisfied 
the renewal conditions for obtaining an exemption from the rule 
prohibiting drivers with ITDM from driviing CMVs in interstate 
commerce. (78 FR 55460; 78 FR 69795; 80 FR 68895):

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, 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; 80 FR 68895):

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, 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; 80 FR 68895):

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, 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; 80 FR 68895).
    The driver was included in Docket No. FMCSA-2013-0188. The 
exemption is effective as of November 19, 2015 and will expire on 
November 19, 2017.
    As of November 20, 2015, the following 22 individuals have 
satisfied the renewal conditions for obtaining an exemption from the 
rule prohibiting

[[Page 42054]]

drivers with ITDM from driving CMVs in interstate commerce (71 FR 
58464; 71 FR 67201; 80 FR 68895):

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, 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; 80 FR 68895).
    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 these 90 drivers 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.

V. Conditions and Requirements

    The exemptions are extended 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. Each exemption will be valid for two years unless rescinded 
earlier by FMCSA. The exemption will be rescinded if: (1) The person 
fails to comply with the terms and conditions of the exemption; (2) the 
exemption has resulted in a lower level of safety than was maintained 
before it was granted; or (3) continuation of the exemption would not 
be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 
31315.

VI. Conclusion

    Based upon its evaluation of the 90 exemption applications, FMCSA 
renews the exemptions of the aforementioned drivers from the rule 
prohibiting drivers with ITDM from driving CMVs in interstate commerce 
in 49 CFR 391.64(3).
    In accordance with 49 U.S.C. 31136(e) and 31315, each exemption 
will be valid for 2 years unless revoked earlier by FMCSA. The 
exemption will be revoked if: (1) The person fails to comply with the 
terms and conditions of the exemption; (2) the exemption has resulted 
in a lower level of safety than was maintained before it was granted; 
or (3) continuation of the exemption would not be consistent with the 
goals and objectives of 49 U.S.C. 31136 and 31315.
    If the exemption is still effective at the end of the 2-year period 
and the drivers remain in good standing with the program, have 
maintained their required medical monitoring, and have not exhibited 
any medical issues that would compromise their ability to safely 
operate a CMV, they are eligible to receive a renewal from FMCSA under 
procedures in effect at that time.

    Issued on: June 20, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-15222 Filed 6-27-16; 8:45 am]
 BILLING CODE 4910-EX-P



                                                    42052                           Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / Notices

                                                    52441).1 The revision must provide for                   specific section of this document to                  DATES:  Each group of renewed
                                                    individual assessment of drivers with                    which each comment applies, and                       exemptions are effective from the dates
                                                    diabetes mellitus, and be consistent                     provide a reason for each suggestion or               stated in the discussions below.
                                                    with the criteria described in section                   recommendation. If you submit your                    FOR FURTHER INFORMATION CONTACT:
                                                    4018 of the Transportation Equity Act                    comments by mail or hand delivery,                    Christine A. Hydock, Chief, Medical
                                                    for the 21st Century (49 U.S.C. 31305).                  submit them in an unbound format, no                  Programs Division, 202–366–4001,
                                                       Section 4129 requires: (1) Elimination                larger than 81⁄2 by 11 inches, suitable for           fmcsamedical@dot.gov, FMCSA,
                                                    of the requirement for 3 years of                        copying and electronic filing. If you                 Department of Transportation, 1200
                                                    experience operating CMVs while being                    submit comments by mail and would                     New Jersey Avenue SE., Room W64–
                                                    treated with insulin; and (2)                            like to know that they reached the                    224, Washington, DC 20590–0001.
                                                    establishment of a specified minimum                     facility, please enclose a stamped, self-             Office hours are from 8:30 a.m. to 5:00
                                                    period of insulin use to demonstrate                     addressed postcard or envelope.                       p.m. Monday through Friday, except
                                                    stable control of diabetes before being                     We will consider all comments and                  Federal holidays.
                                                    allowed to operate a CMV.                                material received during the comment
                                                       In response to section 4129, FMCSA                                                                          SUPPLEMENTARY INFORMATION:
                                                                                                             period. FMCSA may issue a final
                                                    made immediate revisions to the                          determination at any time after the close             I. Electronic Access
                                                    diabetes exemption program established                   of the comment period.
                                                    by the September 3, 2003 notice.                                                                                 You may submit comments using the
                                                    FMCSA discontinued use of the 3-year                     V. Viewing Comments and Documents                     following Federal Docket Management
                                                    driving experience and fulfilled the                                                                           System (FDMS) Docket Nos. discussed
                                                                                                               To view comments, as well as any                    in this notice using any of the following
                                                    requirements of section 4129 while
                                                                                                             documents mentioned in this preamble,                 methods:
                                                    continuing to ensure that operation of
                                                    CMVs by drivers with ITDM will
                                                                                                             go to http://www.regulations.gov and in                 • Federal eRulemaking Portal: Go to
                                                                                                             the search box insert the docket number               http://www.regulations.gov. Follow the
                                                    achieve the requisite level of safety
                                                    required of all exemptions granted                       FMCSA–2016–0042 and click ‘‘Search.’’                 on-line instructions for submitting
                                                    under 49 U.S.C. 31136(e).                                Next, click ‘‘Open Docket Folder’’ and                comments.
                                                       Section 4129(d) also directed FMCSA                   you will find all documents and                         • Mail: Docket Management Facility;
                                                    to ensure that drivers of CMVs with                      comments related to this notice.                      U.S. Department of Transportation, 1200
                                                    ITDM are not held to a higher standard                     Issued on: June 20, 2016.                           New Jersey Avenue SE., West Building
                                                    than other drivers, with the exception of                Larry W. Minor,                                       Ground Floor, Room W12–140,
                                                    limited operating, monitoring and                        Associate Administrator for Policy.
                                                                                                                                                                   Washington, DC 20590–0001.
                                                    medical requirements that are deemed                                                                             • Hand Delivery: West Building
                                                                                                             [FR Doc. 2016–15220 Filed 6–27–16; 8:45 am]
                                                    medically necessary.                                                                                           Ground Floor, Room W12–140, 1200
                                                                                                             BILLING CODE 4910–EX–P
                                                       The FMCSA concluded that all of the                                                                         New Jersey Avenue SE., Washington,
                                                    operating, monitoring and medical                                                                              DC, between 9 a.m. and 5 p.m., Monday
                                                    requirements set out in the September 3,                                                                       through Friday, except Federal
                                                                                                             DEPARTMENT OF TRANSPORTATION
                                                    2003 notice, except as modified, were in                                                                       Holidays.
                                                    compliance with section 4129(d).                         Federal Motor Carrier Safety                            • Fax: 1–202–493–2251.
                                                    Therefore, all of the requirements set                   Administration                                           Instructions: Each submission must
                                                    out in the September 3, 2003 notice,                                                                           include the Agency name and the
                                                    except as modified by the notice in the                                                                        docket numbers for this notice. Note
                                                                                                             [Docket No. FMCSA–2006–2575; FMCSA–
                                                    Federal Register on November 8, 2005                     2011–0193; FMCSA–2011–0194; FMCSA–
                                                                                                                                                                   that all comments received will be
                                                    (70 FR 67777), remain in effect.                         2013–0183; FMCSA–2013–0186; FMCSA–                    posted without change to http://
                                                                                                             2013–0188; FMCSA–2013–0189]                           www.regulations.gov, including any
                                                    IV. Submitting Comments                                                                                        personal information provided. Please
                                                       You may submit your comments and                      Qualification of Drivers; Exemption                   see the Privacy Act heading below for
                                                    material online or by fax, mail, or hand                 Applications; Diabetes                                further information.
                                                    delivery, but please use only one of                                                                              Docket: For access to the docket to
                                                    these means. FMCSA recommends that                       AGENCY:  Federal Motor Carrier Safety                 read background documents or
                                                    you include your name and a mailing                      Administration (FMCSA), DOT.                          comments, go to http://
                                                    address, an email address, or a phone                    ACTION: Notice of renewal of exemption;               www.regulations.gov at any time or
                                                    number in the body of your document                      request for comments.                                 Room W12–140 on the ground level of
                                                    so that FMCSA can contact you if there                                                                         the West Building, 1200 New Jersey
                                                    are questions regarding your                             SUMMARY:    FMCSA announces its                       Avenue SE., Washington, DC, between 9
                                                    submission.                                              decision to renew the exemptions from                 a.m. and 5 p.m., Monday through
                                                       To submit your comment online, go to                  its rule prohibiting persons with                     Friday, except Federal holidays. The
                                                    http://www.regulations.gov and in the                    insulin-treated diabetes mellitus (ITDM)              Federal Docket Management System
                                                    search box insert the docket number                      from operating commercial motor                       (FDMS) is available 24 hours each day,
                                                    FMCSA–2016–0042 and click the search                     vehicles (CMVs) in interstate commerce                365 days each year. If you want
                                                    button. When the new screen appears,                     for 90 individuals. FMCSA has statutory               acknowledgment that we received your
                                                    click on the blue ‘‘Comment Now!’’                       authority to exempt individuals from                  comments, please include a self-
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    button on the right hand side of the                     this rule if the exemptions granted will              addressed, stamped envelope or
                                                    page. On the new page, enter                             not compromise safety. The Agency has                 postcard or print the acknowledgement
                                                    information required including the                       concluded that granting these                         page that appears after submitting
                                                                                                             exemption renewals will provide a level               comments on-line.
                                                       1 Section 4129(a) refers to the 2003 notice as a
                                                                                                             of safety that is equivalent to or greater               Privacy Act: In accordance with 5
                                                    ‘‘final rule.’’ However, the 2003 notice did not issue
                                                    a ‘‘final rule’’ but did establish the procedures and
                                                                                                             than the level of safety maintained                   U.S.C. 553(c), DOT solicits comments
                                                    standards for issuing exemptions for drivers with        without the exemptions for these CMV                  from the public to better inform its
                                                    ITDM.                                                    drivers.                                              rulemaking process. DOT posts these


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                                                                                   Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / Notices                                            42053

                                                    comments, without edit, including any                   commerce (78 FR 50482; 78 FR 65754;                    Ryan T. Byndas (AZ)
                                                    personal information the commenter                      80 FR 68895):                                          Winfred G. Clemenson (WA)
                                                    provides, to www.regulations.gov, as                    John K. Abels (IL)                                     Michael C. Crewse (IL)
                                                    described in the system of records                      Dean A. Bacon (IN)                                     James D. Crosson, Jr. (MN)
                                                    notice (DOT/ALL–14 FDMS), which can                     Philip E. Banks (OH)                                   Bruce E. Feltenbarger (MI)
                                                    be reviewed at www.dot.gov/privacy.                     Anthony M. Bride (NJ)                                  Charles A. Fleming (VA)
                                                                                                            Charles E. Dailey (AL)                                 Brian W. Hannah (UT)
                                                    II. Background                                                                                                 Michael P. Huck (MI)
                                                                                                            Kenneth D. Denny (WA)
                                                       On November 6, 2015, FMCSA                           Adam M. Hogue (MS)                                     Van K. Jarrett (KY)
                                                    published a notice of intent to renew the               Allen D. LaFave (ND)                                   Keith W. Lewis (MO)
                                                    exemptions of drivers who have                          Greg P. Mason (NY)                                     Eugene M. Mikell (NH)
                                                    previously held exemptions, and                         Thomas D. Miller (MT)                                  Ronny J. Moreau (NH)
                                                    requested comments from the public (80                  Douglas A. Mulligan (KY)                               James M. O’Rourke (MA)
                                                    FR 68895). The 90 individuals have                      David G. Peters (PA)                                   Joshua T. Paumer (MT)
                                                    held exemptions from the Agency’s rule                  Robert J. Rispoli, Jr. (NY)                            Vladimir B. Petkov (MO)
                                                    prohibiting persons with ITDM from                      Mike P. Senn (MN)                                      Luther S. Pickell (KS)
                                                    operating CMVs in interstate commerce.                  Hames H. Suttles (AL)                                  Robert J. Pulliam (AZ)
                                                       Under 49 U.S.C. 31136(e) and 31315,                  Gregory F. Wendt (NE)                                  Andrew W. Sprester (ND)
                                                    FMCSA may renew an exemption in 49                      Michael J. Wickstrom (MI)                              Vincent J. Terrizzi, Sr. (PA)
                                                    CFR 391.41(b)(3), which applies to                         The drivers were included in Docket                 Daniel C. Theis (FL)
                                                    drivers of CMVs in interstate commerce,                 No. FMCSA–2013–0183. Their                             Richard A. White (TN)
                                                    for a two-year period if it finds ‘‘such                exemptions are effective as of November                Mark A. Winning (IL)
                                                    exemption would likely achieve a level                  1, 2015 and will expire on November 1,                    The drivers were included in Docket
                                                    of safety that is equivalent to or greater              2017.                                                  No. FMCSA–2013–0186. Their
                                                    than the level that would be achieved                      As of November 6, 2015, the following               exemptions are effective as of November
                                                    absent such exemption.’’ The                            individual, George J. Ehnot (PA), has                  12, 2015 and will expire on November
                                                    procedures for requesting an exemption                  satisfied the renewal conditions for                   12, 2017.
                                                    (including renewals) are set out in 49                  obtaining an exemption from the rule                      As of November 16, 2015, the
                                                    CFR part 381.                                           prohibiting drivers with ITDM from                     following 13 individuals have satisfied
                                                                                                            driving CMVs in interstate commerce                    the renewal conditions for obtaining an
                                                    III. Request for Comments                                                                                      exemption from the rule prohibiting
                                                                                                            (78 FR 56988; 78 FR 67459; 80 FR
                                                      Interested parties or organizations                   68895).                                                drivers with ITDM from driving CMVs
                                                    possessing information that would                                                                              in interstate commerce. (76 FR 61140;
                                                                                                               The driver was included in Docket                   76 FR 71111; 80 FR 68895):
                                                    otherwise show that any, or all, of these
                                                                                                            No. FMCSA–2013–0186. The exemption
                                                    drivers are not currently achieving the                                                                        Mark D. Andersen (IA)
                                                                                                            is effective as of November 6, 2015 and
                                                    statutory level of safety should                                                                               David A. Basher (MA)
                                                                                                            will expire on November 6, 2017.
                                                    immediately notify FMCSA. The                                                                                  Brian H. Berthiaume (VT)
                                                                                                               As of November 9, 2015, the following
                                                    Agency will evaluate any adverse                                                                               Eric D. Blocker, Sr. (NC)
                                                                                                            11 individuals have satisfied the
                                                    evidence submitted and, if safety is                                                                           Berry W. Campbell (WI)
                                                                                                            renewal conditions for obtaining an
                                                    being compromised or if continuation of                                                                        Raymond A. Jack (WA)
                                                                                                            exemption from the rule prohibiting
                                                    the exemption would not be consistent                                                                          Quency T. Johnson (WI)
                                                                                                            drivers with ITDM from driviing CMVs
                                                    with the goals and objectives of 49                                                                            Kenny B. Keels, Jr. (SC)
                                                                                                            in interstate commerce. (78 FR 55460;
                                                    U.S.C. 31136(e) and 31315, FMCSA will                                                                          Jason M. Pritchett (MI)
                                                                                                            78 FR 69795; 80 FR 68895):
                                                    take immediate steps to revoke the                                                                             Steven R. Sibert (MN)
                                                    exemption of a driver. FMCSA                            Mark A. Blanton (IN)                                   Cassie J. Silbernagel (SD)
                                                    encourages you to participate by                        Howard T. Cash (IL)                                    Lewis B. Taylor (IL)
                                                    submitting comments and related                         Heath J. Chesser (AL)                                  James A. Terilli (NY)
                                                    materials.                                              Kevin F. Connacher (PA)                                   The drivers were included in Docket
                                                                                                            Darryl A. Daniels (OH)                                 No. FMCSA–2011–0194. Their
                                                    IV. Basis for Renewing Exemptions                       Carrie L. Frisby (CA)                                  exemptions are effective as of November
                                                       This notice addresses 90 individuals                 Dean M. Keeven (MI)                                    16, 2015 and will expire on November
                                                    who have requested renewal of their                     Christopher A. Labudde (IL)                            16, 2017.
                                                    exemptions in accordance with FMCSA                     Brian A. Mankowski (IL)                                   As of November 19, 2015, the
                                                    procedures. FMCSA has evaluated these                   Robert E. Welling (OH)                                 following individual, Marshall H. Evans
                                                    90 applications for renewal on their                    Keith Weymouth (ME)                                    (IL), has satisfied the renewal conditions
                                                    merits and decided to extend each                          The drivers were included in Docket                 for obtaining an exemption from the
                                                    exemption for a renewable two-year                      No. FMCSA–2011–0193. Their                             rule prohibiting drivers with ITDM from
                                                    period.                                                 exemptions are effective as of November                driving CMVs in interstate commerce
                                                       In accordance with 49 U.S.C. 31136(e)                9, 2015 and will expire on November 9,                 (76 FR 63280; 76 FR 76398; 80 FR
                                                    and 31315, the following groups of                      2017. As of November 12, 2015, the                     68895).
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    drivers received renewed exemptions in                  following 24 individuals have satisfied                   The driver was included in Docket
                                                    the month of November and are                           the renewal conditions for obtaining an                No. FMCSA–2013–0188. The exemption
                                                    discussed below.                                        exemption from the rule prohibiting                    is effective as of November 19, 2015 and
                                                       As of November 1, 2015 the following                 drivers with ITDM from driving CMVs                    will expire on November 19, 2017.
                                                    17 individuals have satisfied conditions                in interstate commerce. (78 FR 56988;                     As of November 20, 2015, the
                                                    for obtaining a renewed exemption from                  78 FR 67459; 80 FR 68895):                             following 22 individuals have satisfied
                                                    the rule prohibiting drivers with ITDM                  Charles E. Andersen (MN)                               the renewal conditions for obtaining an
                                                    from driving CMVs in interstate                         Philip B. Blythe (IL)                                  exemption from the rule prohibiting


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                                                    42054                          Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / Notices

                                                    drivers with ITDM from driving CMVs                     individual reports within 2 business                   DEPARTMENT OF TRANSPORTATION
                                                    in interstate commerce (71 FR 58464; 71                 days of occurrence, all episodes of
                                                    FR 67201; 80 FR 68895):                                 severe hypoglycemia, significant                       Federal Motor Carrier Safety
                                                    John N. Anderson (MN)                                   complications, or inability to manage                  Administration
                                                    Allan C. Boyum (MN)                                     diabetes; also, any involvement in an
                                                                                                                                                                   [Docket No. FMCSA–2016–0029]
                                                    Terry L. Brantley (NC)                                  accident or any other adverse event in
                                                    Steven E. Brechting (MI)                                a CMV or personal vehicle, whether or                  Qualification of Drivers; Exemption
                                                    Scott A. Carlson (WI)                                   not it is related to an episode of                     Applications; Vision
                                                    Joseph L. Coggins (SC)                                  hypoglycemia; (3) that each individual
                                                    Stephanie D. Fry (WY)                                   submit an annual ophthalmologist’s or                  AGENCY: Federal Motor Carrier Safety
                                                    Robert W. Gaultney, Jr. (MD)                            optometrist’s report; and (4) that each                Administration (FMCSA), DOT.
                                                    Paul T. Kubish (WI)                                     individual provide a copy of the annual                ACTION: Notice of applications for
                                                    David M. Levy (NY)                                      medical certification to the employer for              exemptions; request for comments.
                                                    Sterling C. Madsen (UT)                                 retention in the driver’s qualification
                                                    David F. Morin (CA)                                     file, or keep a copy in his/her driver’s               SUMMARY:   FMCSA announces receipt of
                                                    Jeffrey J. Morinelli (NE)                               qualification file if he/she is self-                  applications from 23 individuals for
                                                    Ronald D. Murphy (WV)                                   employed. The driver must also have a                  exemption from the vision requirement
                                                    Charles B. Page (PA)                                    copy of the certification when driving,                in the Federal Motor Carrier Safety
                                                    John A. Remaklus (OH)                                   for presentation to a duly authorized                  Regulations. They are unable to meet
                                                    Michael D. Schooler (IN)                                Federal, State, or local enforcement                   the vision requirement in one eye for
                                                    Arthur L. Stapleton, Jr. (OH)                           official. Each exemption will be valid                 various reasons. The exemptions will
                                                    Carolyn J. Taylor (IN)                                  for two years unless rescinded earlier by              enable these individuals to operate
                                                    Jeffrey M. Thew (WA)                                    FMCSA. The exemption will be                           commercial motor vehicles (CMVs) in
                                                    Barney J. Wade (MS)                                     rescinded if: (1) The person fails to                  interstate commerce without meeting
                                                    Dennis D. Wade (IL)                                     comply with the terms and conditions                   the prescribed vision requirement in
                                                                                                            of the exemption; (2) the exemption has                one eye. If granted, the exemptions
                                                       The drivers were included in Docket
                                                                                                            resulted in a lower level of safety than               would enable these individuals to
                                                    No. FMCSA–2006–2575. Their
                                                                                                            was maintained before it was granted; or               qualify as drivers of commercial motor
                                                    exemptions are effective as of November
                                                                                                            (3) continuation of the exemption would                vehicles (CMVs) in interstate commerce.
                                                    20, 2015 and will expire on November
                                                    20, 2017.                                               not be consistent with the goals and                   DATES: Comments must be received on
                                                       As of November 22, 2015, the                         objectives of 49 U.S.C. 31136(e) and                   or before July 28, 2016. All comments
                                                    following individual, Steven R. Auger                   31315.                                                 will be investigated by FMCSA. The
                                                    (NH), has satisfied the renewal                         VI. Conclusion                                         exemptions will be issued the day after
                                                    conditions for obtaining an exemption                                                                          the comment period closes.
                                                                                                               Based upon its evaluation of the 90
                                                    from the rule prohibiting drivers with                                                                         ADDRESSES: You may submit comments
                                                                                                            exemption applications, FMCSA renews
                                                    ITDM from driving CMVs in interstate                                                                           bearing the Federal Docket Management
                                                                                                            the exemptions of the aforementioned
                                                    commerce (76 FR 63295; 76 FR 76400;                                                                            System (FDMS) Docket No. FMCSA–
                                                                                                            drivers from the rule prohibiting drivers
                                                    80 FR 68895).                                                                                                  2016–0029 using any of the following
                                                                                                            with ITDM from driving CMVs in
                                                       The driver was included in Docket                                                                           methods:
                                                                                                            interstate commerce in 49 CFR
                                                    No. FMCSA–2013–0189. The exemption                                                                               • Federal eRulemaking Portal: Go to
                                                                                                            391.64(3).
                                                    is effective as of November 22, 2015 and                                                                       http://www.regulations.gov. Follow the
                                                                                                               In accordance with 49 U.S.C. 31136(e)
                                                    will expire on November 22, 2017.                                                                              on-line instructions for submitting
                                                                                                            and 31315, each exemption will be valid
                                                       Each of these 90 drivers qualifies for                                                                      comments.
                                                                                                            for 2 years unless revoked earlier by
                                                    a renewal of the exemption. They have                                                                            • Mail: Docket Management Facility;
                                                                                                            FMCSA. The exemption will be revoked
                                                    maintained their required medical                                                                              U.S. Department of Transportation, 1200
                                                                                                            if: (1) The person fails to comply with
                                                    monitoring and have not exhibited any                                                                          New Jersey Avenue SE., West Building
                                                                                                            the terms and conditions of the
                                                    medical issues that would compromise                                                                           Ground Floor, Room W12–140,
                                                                                                            exemption; (2) the exemption has
                                                    their ability to safely operate a CMV                                                                          Washington, DC 20590–0001.
                                                                                                            resulted in a lower level of safety than
                                                    during the previous 2-year exemption                                                                             • Hand Delivery: West Building
                                                                                                            was maintained before it was granted; or
                                                    period.                                                                                                        Ground Floor, Room W12–140, 1200
                                                                                                            (3) continuation of the exemption would
                                                       These factors provide an adequate                                                                           New Jersey Avenue SE., Washington,
                                                                                                            not be consistent with the goals and
                                                    basis for predicting each driver’s ability                                                                     DC, between 9 a.m. and 5 p.m., Monday
                                                                                                            objectives of 49 U.S.C. 31136 and 31315.
                                                    to continue to drive safely in interstate                  If the exemption is still effective at the          through Friday, except Federal
                                                    commerce. Therefore, FMCSA                              end of the 2-year period and the drivers               Holidays.
                                                    concludes that extending the exemption                  remain in good standing with the                         • Fax: 1–202–493–2251.
                                                    for each of the 90 drivers for a period                 program, have maintained their required                  Instructions: Each submission must
                                                    of two years is likely to achieve a level               medical monitoring, and have not                       include the Agency name and the
                                                    of safety equal to that existing without                exhibited any medical issues that would                docket numbers for this notice. Note
                                                    the exemption.                                          compromise their ability to safely                     that all comments received will be
                                                                                                                                                                   posted without change to http://
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    V. Conditions and Requirements                          operate a CMV, they are eligible to
                                                                                                            receive a renewal from FMCSA under                     www.regulations.gov, including any
                                                       The exemptions are extended subject                  procedures in effect at that time.                     personal information provided. Please
                                                    to the following conditions: (1) That                                                                          see the Privacy Act heading below for
                                                    each individual submit a quarterly                        Issued on: June 20, 2016.                            further information.
                                                    monitoring checklist completed by the                   Larry W. Minor,                                          Docket: For access to the docket to
                                                    treating endocrinologist as well as an                  Associate Administrator for Policy.                    read background documents or
                                                    annual checklist with a comprehensive                   [FR Doc. 2016–15222 Filed 6–27–16; 8:45 am]            comments, go to http://
                                                    medical evaluation; (2) that each                       BILLING CODE 4910–EX–P                                 www.regulations.gov at any time or


                                               VerDate Sep<11>2014   17:49 Jun 27, 2016   Jkt 238001   PO 00000   Frm 00127   Fmt 4703   Sfmt 4703   E:\FR\FM\28JNN1.SGM   28JNN1



Document Created: 2016-06-28 00:53:26
Document Modified: 2016-06-28 00:53:26
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 exemption; request for comments.
DatesEach group of renewed exemptions are effective from the dates stated in the discussions below.
ContactChristine A. Hydock, Chief, Medical Programs Division, 202-366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5:00 p.m. Monday through Friday, except Federal holidays.
FR Citation81 FR 42052 

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