81_FR_72861 81 FR 72658 - Qualification of Drivers; Exemption Applications; Diabetes

81 FR 72658 - Qualification of Drivers; Exemption Applications; Diabetes

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 203 (October 20, 2016)

Page Range72658-72661
FR Document2016-25389

FMCSA announces its decision to renew the exemptions of 71 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 81 Issue 203 (Thursday, October 20, 2016)
[Federal Register Volume 81, Number 203 (Thursday, October 20, 2016)]
[Notices]
[Pages 72658-72661]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-25389]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0288; FMCSA-2012-0281; FMCSA-2014-0306; FMCSA-
2014-0307]


Qualification of Drivers; Exemption Applications; Diabetes

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of renewal of exemptions; request for comments.

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

SUMMARY: FMCSA announces its decision to renew the exemptions of 71 
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

[[Page 72659]]

stated in the discussions below. Comments must be received on or before 
November 21, 2016.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) numbers: Docket No. FMCSA-2010-0288; FMCSA-
2012-0281; FMCSA-2014-0306; FMCSA-2014-0307, 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 71 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 would 
compromise their ability to safely operate a CMV during the previous 2-
year exemption period.

Exemption Decision

    This notice addresses 71 individuals who have requested renewal of 
their exemptions in accordance with FMCSA procedures. These 71 drivers 
remain in good standing with the Agency, have maintained their required 
medical monitoring and have not exhibited any medical issues that would 
compromise their ability to safely operate a CMV during the previous 2-
year exemption period. Therefore, FMCSA has decided to extend each 
exemption for a renewable two-year period. Each individual is 
identified according to the renewal date.
    The exemptions are renewed subject to the following conditions: (1) 
That each individual submit a quarterly monitoring checklist completed 
by the treating endocrinologist as well as an annual checklist with a 
comprehensive medical evaluation; (2) that each individual reports 
within 2 business days of occurrence, all episodes of severe 
hypoglycemia, significant complications, or inability to manage 
diabetes; also, any involvement in an accident or any other adverse 
event in a CMV or personal vehicle, whether or not it is related to an 
episode of hypoglycemia; (3) that each individual submit an annual 
ophthalmologist's or optometrist's report; and (4) that each individual 
provide a copy of the annual medical certification to the employer for 
retention in the driver's qualification file, or keep a copy in his/her 
driver's qualification file if he/she is self-employed. The driver must 
also have a copy of the certification when driving, for presentation to 
a duly authorized Federal, State, or local enforcement official.

Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no 
longer than two years from its approval date and may be renewed upon 
application for additional two year periods. The following groups of 
drivers received renewed exemptions in the month of November and are 
discussed below.
    As of November 1, 2016, 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. (79 FR 59351; 79 FR 
77082):

Noe D. Aguilar (CA)
David N. Banks (NC)
Wayne W. Best (PA)
Gregory K. Blythe (IL)
Justin M. Brown (MT)
Clayton G. Hardwick (KY)
Audie C. Holton (GA)
John F. Kincaid (IL)
Craig T. LaPresti (PA)
Lester M. Lee, Jr. (GA)
Aretha Lewis (VA)
Marvin D. Mathis (NC)
Brian M. McFadden (MA)
Sean K. Myhand (GA)
Glen R. Parry (NM)
George E. Patton (AL)
Michael J. Ramey (CO)
Richard J. Rasmussen (NE)
Mark L. Rigby (UT)
Jeffrey K. Roberts (WI)
Marvin A. Ryan (IN)
Eric R. Storm (GA)
Daniel A. Swain (TX)
Sean P. Thomas (IN)
Glenn R. Tyrrell (MN)
Lewis W. Vaught Jr. (NC)
William L. Wiltrout (PA)

    The drivers were included in Docket No. FMCSA-2014-0306. Their 
exemptions are effective as of November 1, 2016 and will expire on 
November 1, 2018.
    As of November 16, 2016, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 14 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce. (75 FR 59788; 75 FR 
70077):

Shale W. Anderson (FL)

[[Page 72660]]

Charles L. Arnburg (IA)
Ronald D. Ayers (WV)
Garrett D. Couch (MI)
Mark W. Garver (MN)
Donald S. Keller (MI)
Jason M. Luper (MO)
Harold L. Phillips (OK)
Heath A. Senkel (TX)
Roland R. Unruh (KS)
Norman J. VanTuyle II (MI)
John M. Warden (TX)
Donald E. Weadon (MD)
Douglas W. Williams (TN)

    The drivers were included in Docket No. FMCSA-2010-0288. Their 
exemptions are effective as of November 16, 2016 and will expire on 
November 16, 2018.
    As of November 22, 2016, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 21 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce. (79 FR 63214; 80 FR 
1070):

Jeffrey S. Argabright (OH)
James L. Crane (MS)
Donald L. Feltman (MN)
Benjamin T. Filip (ND)
Harold L. Gomez (LA)
Arthur M. Gonzalez (TX)
William T. Jensen (NJ)
Robert W. Johnson, Sr. (NY)
Joseph J. Karas (NJ)
Randy C. Lee (NY)
John R. Miller II (OR)
Robert A. Nicolai (MO)
William P. Pearson, II (WI)
Alan M. Primus (IA)
Danny L. Reimers (NM)
Michael L. Reynolds (NC)
Samuel H. Schmidt (MN)
Timothy W. Selk (AK)
Dennis J. Stanley (WI)
Steven M. Weimer (PA)
Michael L. Westbury (SC)

    The drivers were included in Docket No. FMCSA-2014-0307. Their 
exemptions are effective as of November 22, 2016 and will expire on 
November 22, 2018.
    As of November 26, 2016, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 9 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce. (77 FR 59447; 77 FR 
70529):

Charles E. Castle (OH)
Larry W. Dearing (IN)
Bradley E. DeWitt (WA)
Leonard R. Dobosenski (MN)
Michael L. Kiefer (SD)
Marcus J. Kyle (IA)
Robert C. Moore (PA)
Jedediaha C. Record (WY)
Jessie L. Webster (KY)

    The drivers were included in Docket No. FMCSA-2012-0281. Their 
exemptions are effective as of November 26, 2016 and will expire on 
November 26, 2018.
    Each of the 71 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 
71 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-2010-0288; FMCSA-2012-0281; FMCSA-
2014-0306; FMCSA-2014-0307.

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 November 21, 2016.
    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 71 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-2010-0288; FMCSA-
2012-0281; FMCSA-2014-0306; FMCSA-2014-0307 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. FMCSA may issue a final determination 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, go to http://www.regulations.gov and in the search box insert 
the docket number FMCSA-2010-0288; FMCSA-2012-0281; FMCSA-2014-0306; 
FMCSA-2014-0307 and click ``Search.'' Next, click ``Open Docket 
Folder'' and you will find all documents and comments related to this 
notice.


[[Page 72661]]


    Issued on: October 14, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-25389 Filed 10-19-16; 8:45 am]
 BILLING CODE 4910-EX-P



                                                  72658                       Federal Register / Vol. 81, No. 203 / Thursday, October 20, 2016 / Notices

                                                  49 CFR 391.41(b)(10). His optometrist                   52441).1 The revision must provide for                   specific section of this document to
                                                  examined him in 2016 and certified that                 individual assessment of drivers with                    which each comment applies, and
                                                  he does not have diabetic retinopathy.                  diabetes mellitus, and be consistent                     provide a reason for each suggestion or
                                                  He holds a Class A CDL from Missouri.                   with the criteria described in section                   recommendation. If you submit your
                                                                                                          4018 of the Transportation Equity Act                    comments by mail or hand delivery,
                                                  Kevin A. Warren                                         for the 21st Century (49 U.S.C. 31305).                  submit them in an unbound format, no
                                                    Mr. Warren, 58, has had ITDM since                       Section 4129 requires: (1) Elimination                larger than 81⁄2 by 11 inches, suitable for
                                                  2014. His endocrinologist examined him                  of the requirement for 3 years of                        copying and electronic filing. If you
                                                  in 2016 and certified that he has had no                experience operating CMVs while being                    submit comments by mail and would
                                                  severe hypoglycemic reactions resulting                 treated with insulin; and (2)                            like to know that they reached the
                                                  in loss of consciousness, requiring the                 establishment of a specified minimum                     facility, please enclose a stamped, self-
                                                  assistance of another person, or                        period of insulin use to demonstrate                     addressed postcard or envelope.
                                                  resulting in impaired cognitive function                stable control of diabetes before being                     We will consider all comments and
                                                  that occurred without warning in the                    allowed to operate a CMV.                                material received during the comment
                                                                                                             In response to section 4129, FMCSA                    period. FMCSA may issue a final
                                                  past 12 months and no recurrent (2 or
                                                                                                          made immediate revisions to the                          determination at any time after the close
                                                  more) severe hypoglycemic episodes in
                                                                                                          diabetes exemption program established                   of the comment period.
                                                  the last 5 years. His endocrinologist
                                                                                                          by the September 3, 2003 notice.
                                                  certifies that Mr. Warren understands                                                                            V. Viewing Comments and Documents
                                                                                                          FMCSA discontinued use of the 3-year
                                                  diabetes management and monitoring,                     driving experience and fulfilled the                       To view comments, as well as any
                                                  has stable control of his diabetes using                requirements of section 4129 while                       documents mentioned in this preamble,
                                                  insulin, and is able to drive a CMV                     continuing to ensure that operation of                   go to http://www.regulations.gov and in
                                                  safely. Mr. Warren meets the                            CMVs by drivers with ITDM will                           the search box insert the docket number
                                                  requirements of the vision standard at                  achieve the requisite level of safety                    FMCSA–2016–0222 and click ‘‘Search.’’
                                                  49 CFR 391.41(b)(10). His                               required of all exemptions granted                       Next, click ‘‘Open Docket Folder’’ and
                                                  ophthalmologist examined him in 2016                    under 49 U.S.C. 31136(e).                                you will find all documents and
                                                  and certified that he does not have                        Section 4129(d) also directed FMCSA                   comments related to this notice.
                                                  diabetic retinopathy. He holds a Class B                to ensure that drivers of CMVs with
                                                  CDL from Ohio.                                                                                                     Issued on: October 14, 2016.
                                                                                                          ITDM are not held to a higher standard
                                                                                                                                                                   Larry W. Minor,
                                                  Kevin L. Wendt                                          than other drivers, with the exception of
                                                                                                                                                                   Associate Administrator for Policy.
                                                                                                          limited operating, monitoring and
                                                    Mr. Wendt, 56, has had ITDM since                     medical requirements that are deemed                     [FR Doc. 2016–25378 Filed 10–19–16; 8:45 am]
                                                  2005. His endocrinologist examined him                  medically necessary.                                     BILLING CODE 4910–EX–P

                                                  in 2016 and certified that he has had no                   The FMCSA concluded that all of the
                                                  severe hypoglycemic reactions resulting                 operating, monitoring and medical
                                                  in loss of consciousness, requiring the                 requirements set out in the September 3,                 DEPARTMENT OF TRANSPORTATION
                                                  assistance of another person, or                        2003 notice, except as modified, were in
                                                                                                                                                                   Federal Motor Carrier Safety
                                                  resulting in impaired cognitive function                compliance with section 4129(d).
                                                                                                                                                                   Administration
                                                  that occurred without warning in the                    Therefore, all of the requirements set
                                                  past 12 months and no recurrent (2 or                   out in the September 3, 2003 notice,                     [Docket No. FMCSA–2010–0288; FMCSA–
                                                  more) severe hypoglycemic episodes in                   except as modified by the notice in the                  2012–0281; FMCSA–2014–0306; FMCSA–
                                                                                                          Federal Register on November 8, 2005                     2014–0307]
                                                  the last 5 years. His endocrinologist
                                                  certifies that Mr. Wendt understands                    (70 FR 67777), remain in effect.
                                                                                                                                                                   Qualification of Drivers; Exemption
                                                  diabetes management and monitoring,                     IV. Submitting Comments                                  Applications; Diabetes
                                                  has stable control of his diabetes using
                                                  insulin, and is able to drive a CMV                        You may submit your comments and                      AGENCY: Federal Motor Carrier Safety
                                                  safely. Mr. Wendt meets the                             material online or by fax, mail, or hand                 Administration (FMCSA), DOT.
                                                  requirements of the vision standard at                  delivery, but please use only one of                     ACTION: Notice of renewal of
                                                  49 CFR 391.41(b)(10). His optometrist                   these means. FMCSA recommends that                       exemptions; request for comments.
                                                  examined him in 2016 and certified that                 you include your name and a mailing
                                                                                                          address, an email address, or a phone                    SUMMARY: FMCSA announces its
                                                  he does not have diabetic retinopathy.
                                                  He holds a Class A CDL from Wyoming.                    number in the body of your document                      decision to renew the exemptions of 71
                                                                                                          so that FMCSA can contact you if there                   individuals from its rule prohibiting
                                                  III. Request for Comments                               are questions regarding your                             persons with insulin-treated diabetes
                                                                                                          submission.                                              mellitus (ITDM) from operating
                                                    In accordance with 49 U.S.C. 31136(e)                    To submit your comment online, go to                  commercial motor vehicles (CMVs) in
                                                  and 31315, FMCSA requests public                        http://www.regulations.gov and in the                    interstate commerce. FMCSA has
                                                  comment from all interested persons on                  search box insert the docket number                      statutory authority to exempt
                                                  the exemption petitions described in                    FMCSA–2016–0222 and click the search                     individuals from this rule if the
                                                  this notice. We will consider all                       button. When the new screen appears,                     exemptions granted will not
                                                  comments received before the close of                   click on the blue ‘‘Comment Now!’’                       compromise safety. The Agency has
                                                  business on the closing date indicated                  button on the right hand side of the                     concluded that granting these
mstockstill on DSK3G9T082PROD with NOTICES




                                                  in the date section of the notice.                      page. On the new page, enter                             exemption renewals will provide a level
                                                    FMCSA notes that section 4129 of the                  information required including the                       of safety that is equivalent to or greater
                                                  Safe, Accountable, Flexible and                                                                                  than the level of safety maintained
                                                  Efficient Transportation Equity Act: A                     1 Section 4129(a) refers to the 2003 notice as a
                                                                                                                                                                   without the exemptions for these CMV
                                                  Legacy for Users requires the Secretary                 ‘‘final rule.’’ However, the 2003 notice did not issue   drivers.
                                                                                                          a ‘‘final rule’’ but did establish the procedures and
                                                  to revise its diabetes exemption program                standards for issuing exemptions for drivers with        DATES: Each group of renewed
                                                  established on September 3, 2003 (68 FR                 ITDM.                                                    exemptions are effective from the dates


                                             VerDate Sep<11>2014   16:40 Oct 19, 2016   Jkt 241001   PO 00000   Frm 00097   Fmt 4703   Sfmt 4703   E:\FR\FM\20OCN1.SGM    20OCN1


                                                                              Federal Register / Vol. 81, No. 203 / Thursday, October 20, 2016 / Notices                                         72659

                                                  stated in the discussions below.                        fmcsamedical@dot.gov, FMCSA,                          medical certification to the employer for
                                                  Comments must be received on or                         Department of Transportation, 1200                    retention in the driver’s qualification
                                                  before November 21, 2016.                               New Jersey Avenue SE., Room W64–                      file, or keep a copy in his/her driver’s
                                                  ADDRESSES: You may submit comments                      113, Washington, DC 20590–0001.                       qualification file if he/she is self-
                                                  bearing the Federal Docket Management                   Office hours are from 8 a.m. to 5:30 p.m.             employed. The driver must also have a
                                                  System (FDMS) numbers: Docket No.                       Monday through Friday, except Federal                 copy of the certification when driving,
                                                  FMCSA–2010–0288; FMCSA–2012–                            holidays.                                             for presentation to a duly authorized
                                                  0281; FMCSA–2014–0306; FMCSA–                           SUPPLEMENTARY INFORMATION:                            Federal, State, or local enforcement
                                                  2014–0307, using any of the following                                                                         official.
                                                                                                          Background
                                                  methods:                                                                                                      Basis for Renewing Exemptions
                                                    • 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                        Under 49 U.S.C. 31315(b)(1), an
                                                  on-line instructions for submitting                     the Federal Motor Carrier Safety                      exemption may be granted for no longer
                                                  comments.                                               Regulations 2-year period if it finds                 than two years from its approval date
                                                    • Mail: Docket Management Facility;                   ‘‘such exemption would likely achieve a               and may be renewed upon application
                                                  U.S. Department of Transportation, 1200                 level of safety that is equivalent to or              for additional two year periods. The
                                                  New Jersey Avenue SE., West Building                    greater than the level that would be                  following groups of drivers received
                                                  Ground Floor, Room W12–140,                             achieved absent such exemption.’’ The                 renewed exemptions in the month of
                                                  Washington, DC 20590–0001.                              statute also allows the Agency to renew               November and are discussed below.
                                                    • Hand Delivery or Courier: West                      exemptions at the end of the 2-year                      As of November 1, 2016, and in
                                                  Building Ground Floor, Room W12–140,                    period. The 71 individuals listed in this             accordance with 49 U.S.C. 31136(e) and
                                                  1200 New Jersey Avenue SE.,                             notice have recently become eligible for              31315, the following 27 individuals
                                                  Washington, DC, between 9 a.m. and 5                    a renewed exemption from the diabetes                 have satisfied the renewal conditions for
                                                  p.m., Monday through Friday, except                     prohibition in 49 CFR 391.41(b)(3),                   obtaining an exemption from the rule
                                                  Federal Holidays.                                       which applies to drivers of CMVs in                   prohibiting drivers with ITDM from
                                                    • Fax: 1–202–493–2251.                                interstate commerce. The drivers remain               driving CMVs in interstate commerce.
                                                    Instructions: Each submission must                    in good standing with the Agency, have                (79 FR 59351; 79 FR 77082):
                                                  include the Agency name and the                         maintained their required medical                     Noe D. Aguilar (CA)
                                                  docket number for this notice. Note that                monitoring and have not exhibited any                 David N. Banks (NC)
                                                  DOT posts all comments received                         medical issues that would compromise                  Wayne W. Best (PA)
                                                  without change to http://                               their ability to safely operate a CMV                 Gregory K. Blythe (IL)
                                                  www.regulations.gov, including any                      during the previous 2-year exemption                  Justin M. Brown (MT)
                                                  personal information included in a                      period.                                               Clayton G. Hardwick (KY)
                                                  comment. Please see the Privacy Act                     Exemption Decision                                    Audie C. Holton (GA)
                                                  heading below.                                             This notice addresses 71 individuals               John F. Kincaid (IL)
                                                    Docket: For access to the docket to                   who have requested renewal of their                   Craig T. LaPresti (PA)
                                                  read background documents or                            exemptions in accordance with FMCSA                   Lester M. Lee, Jr. (GA)
                                                  comments, go to http://                                 procedures. These 71 drivers remain in                Aretha Lewis (VA)
                                                  www.regulations.gov at any time or                      good standing with the Agency, have                   Marvin D. Mathis (NC)
                                                  Room W12–140 on the ground level of                     maintained their required medical                     Brian M. McFadden (MA)
                                                  the West Building, 1200 New Jersey                      monitoring and have not exhibited any                 Sean K. Myhand (GA)
                                                  Avenue SE., Washington, DC, between 9                   medical issues that would compromise                  Glen R. Parry (NM)
                                                  a.m. and 5 p.m., Monday through                         their ability to safely operate a CMV                 George E. Patton (AL)
                                                  Friday, except Federal holidays. The                    during the previous 2-year exemption                  Michael J. Ramey (CO)
                                                  Federal Docket Management System                        period. Therefore, FMCSA has decided                  Richard J. Rasmussen (NE)
                                                  (FDMS) is available 24 hours each day,                  to extend each exemption for a                        Mark L. Rigby (UT)
                                                  365 days each year. If you want                         renewable two-year period. Each                       Jeffrey K. Roberts (WI)
                                                  acknowledgment that we received your                    individual is identified according to the             Marvin A. Ryan (IN)
                                                  comments, please include a self-                        renewal date.                                         Eric R. Storm (GA)
                                                  addressed, stamped envelope or                             The exemptions are renewed subject                 Daniel A. Swain (TX)
                                                  postcard or print the acknowledgement                   to the following conditions: (1) That                 Sean P. Thomas (IN)
                                                  page that appears after submitting                      each individual submit a quarterly                    Glenn R. Tyrrell (MN)
                                                  comments on-line.                                       monitoring checklist completed by the                 Lewis W. Vaught Jr. (NC)
                                                    Privacy Act: Anyone may search the                    treating endocrinologist as well as an                William L. Wiltrout (PA)
                                                  electronic form of all comments                         annual checklist with a comprehensive                    The drivers were included in Docket
                                                  received into any of our dockets by the                 medical evaluation; (2) that each                     No. FMCSA–2014–0306. Their
                                                  name of the individual submitting the                   individual reports within 2 business                  exemptions are effective as of November
                                                  comment (or of the person signing the                   days of occurrence, all episodes of                   1, 2016 and will expire on November 1,
                                                  comment, if submitted on behalf of an                   severe hypoglycemia, significant                      2018.
                                                  association, business, labor union, etc.).              complications, or inability to manage                    As of November 16, 2016, and in
                                                  You may review DOT’s Privacy Act                        diabetes; also, any involvement in an                 accordance with 49 U.S.C. 31136(e) and
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                                                  Statement for the Federal Docket                        accident or any other adverse event in                31315, the following 14 individuals
                                                  Management System (FDMS) published                      a CMV or personal vehicle, whether or                 have satisfied the renewal conditions for
                                                  in the Federal Register on January 17,                  not it is related to an episode of                    obtaining an exemption from the rule
                                                  2008 (73 FR 3316).                                      hypoglycemia; (3) that each individual                prohibiting drivers with ITDM from
                                                  FOR FURTHER INFORMATION CONTACT:                        submit an annual ophthalmologist’s or                 driving CMVs in interstate commerce.
                                                  Christine A. Hydock, Chief, Medical                     optometrist’s report; and (4) that each               (75 FR 59788; 75 FR 70077):
                                                  Programs Division, 202–366–4001,                        individual provide a copy of the annual               Shale W. Anderson (FL)


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                                                  72660                       Federal Register / Vol. 81, No. 203 / Thursday, October 20, 2016 / Notices

                                                  Charles L. Arnburg (IA)                                 Jessie L. Webster (KY)                                  Interested parties or organizations
                                                  Ronald D. Ayers (WV)                                      The drivers were included in Docket                 possessing information that would
                                                  Garrett D. Couch (MI)                                   No. FMCSA–2012–0281. Their                            otherwise show that any, or all, of these
                                                  Mark W. Garver (MN)                                     exemptions are effective as of November               drivers are not currently achieving the
                                                  Donald S. Keller (MI)                                   26, 2016 and will expire on November                  statutory level of safety should
                                                  Jason M. Luper (MO)                                     26, 2018.                                             immediately notify FMCSA. The
                                                  Harold L. Phillips (OK)                                   Each of the 71 drivers in the                       Agency will evaluate any adverse
                                                  Heath A. Senkel (TX)                                    aforementioned groups qualifies for a                 evidence submitted and, if safety is
                                                  Roland R. Unruh (KS)                                    renewal of the exemption. They have                   being compromised or if continuation of
                                                  Norman J. VanTuyle II (MI)                              maintained their required medical                     the exemption would not be consistent
                                                  John M. Warden (TX)                                     monitoring and have not exhibited any                 with the goals and objectives of 49
                                                  Donald E. Weadon (MD)                                   medical issues that would compromise                  U.S.C. 31136(e) and 31315, FMCSA will
                                                  Douglas W. Williams (TN)                                their ability to safely operate a CMV                 take immediate steps to revoke the
                                                     The drivers were included in Docket                  during the previous 2-year exemption                  exemption of a driver.
                                                  No. FMCSA–2010–0288. Their                              period.
                                                  exemptions are effective as of November                   These factors provide an adequate                   Submitting Comments
                                                  16, 2016 and will expire on November                    basis for predicting each driver’s ability
                                                  16, 2018.                                               to continue to drive safely in interstate                You may submit your comments and
                                                     As of November 22, 2016, and in                      commerce. Therefore, FMCSA                            material online or by fax, mail, or hand
                                                  accordance with 49 U.S.C. 31136(e) and                  concludes that extending the exemption                delivery, but please use only one of
                                                  31315, the following 21 individuals                     for each of the 71 drivers for a period               these means. FMCSA recommends that
                                                  have satisfied the renewal conditions for               of two years is likely to achieve a level             you include your name and a mailing
                                                  obtaining an exemption from the rule                    of safety equal to that existing without              address, an email address, or a phone
                                                  prohibiting drivers with ITDM from                      the exemption. The drivers were                       number in the body of your document
                                                  driving CMVs in interstate commerce.                    included in docket numbers FMCSA–                     so that FMCSA can contact you if there
                                                  (79 FR 63214; 80 FR 1070):                              2010–0288; FMCSA–2012–0281;                           are questions regarding your
                                                  Jeffrey S. Argabright (OH)                              FMCSA–2014–0306; FMCSA–2014–                          submission.
                                                  James L. Crane (MS)                                     0307.                                                    To submit your comment online, go to
                                                  Donald L. Feltman (MN)                                  Request for Comments                                  http://www.regulations.gov and in the
                                                  Benjamin T. Filip (ND)                                     FMCSA will review comments                         search box insert the docket numbers
                                                  Harold L. Gomez (LA)                                    received at any time concerning a                     FMCSA–2010–0288; FMCSA–2012–
                                                  Arthur M. Gonzalez (TX)                                 particular driver’s safety record and                 0281; FMCSA–2014–0306; FMCSA–
                                                  William T. Jensen (NJ)                                  determine if the continuation of the                  2014–0307 and click the search button.
                                                  Robert W. Johnson, Sr. (NY)                             exemption is consistent with the                      When the new screen appears, click on
                                                  Joseph J. Karas (NJ)                                    requirements at 49 U.S.C. 31136(e) and                the blue ‘‘Comment Now!’’ button on
                                                  Randy C. Lee (NY)                                       31315. However, FMCSA requests that                   the right hand side of the page. On the
                                                  John R. Miller II (OR)                                  interested parties with specific data                 new page, enter information required
                                                  Robert A. Nicolai (MO)                                  concerning the safety records of these                including the specific section of this
                                                  William P. Pearson, II (WI)                             drivers submit comments by November                   document to which each comment
                                                  Alan M. Primus (IA)                                     21, 2016.                                             applies, and provide a reason for each
                                                  Danny L. Reimers (NM)                                      FMCSA believes that the                            suggestion or recommendation. If you
                                                  Michael L. Reynolds (NC)                                requirements for a renewal of an                      submit your comments by mail or hand
                                                  Samuel H. Schmidt (MN)                                  exemption under 49 U.S.C. 31136(e) and                delivery, submit them in an unbound
                                                  Timothy W. Selk (AK)                                    31315 can be satisfied by initially                   format, no larger than 81⁄2 by 11 inches,
                                                  Dennis J. Stanley (WI)                                  granting the renewal and then                         suitable for copying and electronic
                                                  Steven M. Weimer (PA)                                   requesting and evaluating, if needed,                 filing. If you submit comments by mail
                                                  Michael L. Westbury (SC)                                subsequent comments submitted by                      and would like to know that they
                                                     The drivers were included in Docket                  interested parties. As indicated above,               reached the facility, please enclose a
                                                  No. FMCSA–2014–0307. Their                              the Agency previously published                       stamped, self-addressed postcard or
                                                  exemptions are effective as of November                 notices of final disposition announcing               envelope.
                                                  22, 2016 and will expire on November                    its decision to exempt these 71
                                                  22, 2018.                                                                                                        We will consider all comments and
                                                                                                          individuals from rule prohibiting
                                                     As of November 26, 2016, and in                      persons with ITDM from operating                      material received during the comment
                                                  accordance with 49 U.S.C. 31136(e) and                  CMVs in interstate commerce in 49 CFR                 period. FMCSA may issue a final
                                                  31315, the following 9 individuals have                 391.41(b)(3). The final decision to grant             determination at any time after the close
                                                  satisfied the renewal conditions for                    an exemption to each of these                         of the comment period.
                                                  obtaining an exemption from the rule                    individuals was made on the merits of                 Viewing Comments and Documents
                                                  prohibiting drivers with ITDM from                      each case and made only after careful
                                                  driving CMVs in interstate commerce.                    consideration of the comments received                   To view comments, as well as any
                                                  (77 FR 59447; 77 FR 70529):                             to its notices of applications. The                   documents mentioned in this preamble,
                                                  Charles E. Castle (OH)                                  notices of applications stated in detail              go to http://www.regulations.gov and in
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                                                  Larry W. Dearing (IN)                                   the medical condition of each applicant               the search box insert the docket number
                                                  Bradley E. DeWitt (WA)                                  for an exemption from rule prohibiting                FMCSA–2010–0288; FMCSA–2012–
                                                  Leonard R. Dobosenski (MN)                              persons with ITDM from operating                      0281; FMCSA–2014–0306; FMCSA–
                                                  Michael L. Kiefer (SD)                                  CMVs in interstate commerce. That                     2014–0307 and click ‘‘Search.’’ Next,
                                                  Marcus J. Kyle (IA)                                     information is available by consulting                click ‘‘Open Docket Folder’’ and you
                                                  Robert C. Moore (PA)                                    the above cited Federal Register                      will find all documents and comments
                                                  Jedediaha C. Record (WY)                                publications.                                         related to this notice.


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                                                                              Federal Register / Vol. 81, No. 203 / Thursday, October 20, 2016 / Notices                                               72661

                                                    Issued on: October 14, 2016.                          as described in the system of records                 being seizure-free, either on or off of
                                                  Larry W. Minor,                                         notice (DOT/ALL–14 FDMS), which can                   anti-seizure medication:
                                                  Associate Administrator for Policy.                     be reviewed at http://www.dot.gov/                    Cody Cousins (AK)
                                                  [FR Doc. 2016–25389 Filed 10–19–16; 8:45 am]            privacy.                                              Robin Harrison (UT)
                                                  BILLING CODE 4910–EX–P                                  II. Background                                        Elvis Hill (VA)
                                                                                                                                                                Jimmie Michael, Jr. (NC)
                                                                                                            FMCSA received applications from 11                 Eric Scott (NY)
                                                  DEPARTMENT OF TRANSPORTATION                            individuals who requested an                          Cody Skalon (IL)
                                                                                                          exemption from the FMCSRs                             Terry Thomas (WV)
                                                  Federal Motor Carrier Safety                            prohibiting persons with a clinical                   Ryan Travis (IL)
                                                  Administration                                          diagnosis of epilepsy or any other                    Justin Wells (IL)
                                                  [Docket No. FMCSA–2016–0009]                            condition that is likely to cause a loss              Paul Whitby (MD)
                                                                                                          of consciousness or any loss of ability to            Salvatore Zeuner Jr. (NJ)
                                                  Qualification of Drivers; Exemption                     operate a CMV from operating CMVs in                    Issued on: October 12, 2016.
                                                  Applications; Epilepsy and Seizure                      interstate commerce.                                  Larry W. Minor,
                                                  Disorders                                                 FMCSA has evaluated the eligibility                 Associate Administrator for Policy.
                                                                                                          of these applicants and concluded that
                                                  AGENCY: Federal Motor Carrier Safety                                                                          [FR Doc. 2016–25386 Filed 10–19–16; 8:45 am]
                                                                                                          granting these exemptions would not
                                                  Administration (FMCSA), DOT.                                                                                  BILLING CODE 4910–EX–P
                                                                                                          provide a level of safety that would be
                                                  ACTION: Notice of denials.                              equivalent to or greater than, the level
                                                  SUMMARY: FMCSA announces its                            of safety that would be obtained by                   DEPARTMENT OF TRANSPORTATION
                                                  decision to deny applications from 11                   complying with the regulation 49 CFR
                                                  individuals who requested an                            391.41(b)(8).                                         Federal Motor Carrier Safety
                                                  exemption from the Federal Motor                        III. Basis for Exemption Determination                Administration
                                                  Carrier Safety Regulations (FMCSRs)                                                                           [Docket No. FMCSA–2016–0353]
                                                  prohibiting persons with a clinical                        Under 49 U.S.C. 31136(e) and 31315,
                                                  diagnosis of epilepsy or any other                      FMCSA may grant an exemption for two                  Qualification of Drivers; Exemption
                                                  condition that is likely to cause a loss                years if it finds ‘‘such an exemption                 Applications; Implantable Cardioverter
                                                  of consciousness or any loss of ability to              would likely achieve a level of safety                Defibrillators
                                                  operate a commercial motor vehicle                      that is equivalent to, or greater than, the
                                                  (CMV) from operating CMVs in                            level that would be achieved absent                   AGENCY: Federal Motor Carrier Safety
                                                  interstate commerce.                                    such an exemption.’’                                  Administration (FMCSA), DOT.
                                                  FOR FURTHER INFORMATION CONTACT: Ms.                       The Agency’s decision regarding these              ACTION: Notice of applications for
                                                  Christine A. Hydock, Chief, Medical                     exemption applications is based on the                exemption; request for comments.
                                                  Programs Division, (202) 366–4001,                      eligibility criteria, the terms and
                                                                                                          conditions for Federal exemptions, and                SUMMARY: FMCSA announces receipt of
                                                  fmcsamedical@dot.gov, FMCSA,
                                                                                                          an individualized assessment of each                  applications from three individuals for
                                                  Department of Transportation, 1200
                                                                                                          applicant’s medical information                       exemptions from the rules prohibiting
                                                  New Jersey Avenue SE., Room W64–
                                                                                                          provided by the applicant.                            operation of a commercial motor vehicle
                                                  224, Washington, DC 20590–0001.
                                                                                                                                                                (CMV) by persons with a current
                                                  Office hours are 8:30 a.m. to 5 p.m., e.t.,             IV. Conclusion                                        clinical diagnosis of myocardial
                                                  Monday through Friday, except Federal
                                                                                                             The Agency has determined that these               infarction, angina pectoris, coronary
                                                  holidays. If you have questions
                                                                                                          applicants do not satisfy the criteria                insufficiency, thrombosis, or any other
                                                  regarding viewing or submitting
                                                                                                          eligibility or meet the terms and                     cardiovascular disease of a variety
                                                  material to the docket, contact Docket
                                                                                                          conditions for a Federal exemption and                known to be accompanied by syncope,
                                                  Services, telephone (202) 366–9826.
                                                                                                          granting these exemptions would not                   dyspnea, collapse, or congestive heart
                                                  SUPPLEMENTARY INFORMATION:                                                                                    failure. If granted, the exemptions
                                                                                                          provide a level of safety that would be
                                                  I. Electronic Access                                    equivalent to or greater than, the level              would enable these individuals to
                                                                                                          of safety that would be obtained by                   operate CMVs for up to two years in
                                                     You may see all the comments online
                                                                                                          complying with the regulation 49 CFR                  interstate commerce.
                                                  through the Federal Document
                                                  Management System (FDMS) at: http://                    391.41(b)(8). Therefore, the 11                       DATES: Comments must be received on
                                                  www.regulations.gov.                                    applicants in this notice have been                   or before November 21, 2016.
                                                     Docket: For access to the docket to                  denied exemptions from the physical                   ADDRESSES: You may submit comments
                                                  read background documents or                            qualification standards in 49 CFR                     bearing the Federal Docket Management
                                                  comments, go to http://                                 391.41(b)(8).                                         System (FDMS) Docket ID FMCSA–
                                                  www.regulations.gov and/or Room                            Each applicant has, prior to this                  2016–0353 using any of the following
                                                  W12–140 on the ground level of the                      notice, received a letter of final                    methods:
                                                  West Building, 1200 New Jersey Avenue                   disposition regarding his/her exemption                  • Federal eRulemaking Portal: Go to
                                                  SE., Washington, DC, between 9 a.m.                     request. Those decision letters fully                 www.regulations.gov. Follow the online
                                                  and 5 p.m., Monday through Friday,                      outlined the basis for the denial and                 instructions for submitting comments.
                                                  except Federal holidays.                                constitutes final action by the Agency.                  • Mail: Docket Management Facility;
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                                                     Privacy Act: In accordance with 5                    This notice summarizes the Agency’s                   U.S. Department of Transportation, 1200
                                                  U.S.C. 553(c), DOT solicits comments                    recent denials as required under 49                   New Jersey Avenue SE., West Building
                                                  from the public to better inform its                    U.S.C. 31315(b)(4) by periodically                    Ground Floor, Room W12–140,
                                                  rulemaking process. DOT posts these                     publishing names and reasons for                      Washington, DC 20590–0001.
                                                  comments, without edit, including any                   denial.                                                  • Hand Delivery or Courier: West
                                                  personal information the commenter                         The following 11 applicants do not                 Building Ground Floor, Room W12–140,
                                                  provides, to http://www.regulations.gov,                meet the minimum time requirement for                 1200 New Jersey Avenue SE.,


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Document Created: 2016-10-21 09:59:19
Document Modified: 2016-10-21 09:59:19
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 November 21, 2016.
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 Citation81 FR 72658 

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