81 FR 73466 - Qualification of Drivers; Exemption Applications; Diabetes
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 81, Issue 206 (October 25, 2016)
Federal Motor Carrier Safety Administration
Federal Register Volume 81, Issue 206 (October 25, 2016)
| Page Range | 73466-73467 | |
| FR Document | 2016-25766 |
[Federal Register Volume 81, Number 206 (Tuesday, October 25, 2016)] [Notices] [Pages 73466-73467] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-25766] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2016-0224] Qualification of Drivers; Exemption Applications; Diabetes AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of denials. ----------------------------------------------------------------------- SUMMARY: FMCSA announces its denial of 74 applications from individuals who requested an exemption from the Federal diabetes standard applicable to interstate truck and bus drivers and the reasons for the denials. FMCSA has statutory authority to exempt individuals from the diabetes requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemptions does not provide a level of safety that will be equivalent to, or [[Page 73467]] greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers. FOR FURTHER INFORMATION CONTACT: Ms. 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 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the Federal diabetes standard for a renewable 2-year period if it finds ``such an exemption would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such an exemption.'' The procedures for requesting an exemption are set forth in 49 CFR part 381. Accordingly, FMCSA evaluated 74 individual exemption requests on their merits and made a determination that these applicants do not satisfy the criteria eligibility or meet the terms and conditions of the Federal exemption program. Each applicant has, prior to this notice, received a letter of final disposition on the exemption request. Those decision letters fully outlined the basis for the denial and constitute final Agency action. The list published in this notice summarizes the Agency's recent denials as required under 49 U.S.C. 31315(b)(4) by periodically publishing names and reasons for denial. The following 10 applicants met the diabetes requirements of 49 CFR 391.41(b)(3) and do not need an exemption: Byron D. Benham (IL) Donald D. Dixon, Sr. (IN) Reggie L. Knight (NC) Daniel Meza (TX) Robert L. Middleton (NC) Augustino M. Pang (NY) Dana W. Rhoades (WA) Gary W. Shreve (MI) Robert B. Ulrich, Jr. (PA) Kenneth D. Williams (GA) The following 34 applicants were not operating CMVs in interstate commerce: William F. Batz (NY) Gregory A. Carroll (MD) Fred J. Conti (PA) Francis D.P. Desouza (PA) Cory J. Dey (PA) John R. Ebell (OR) Harold K. Goebel (TX) Evon L. Gray (PA) Joseph L. Gutierrez (IL) Joseph A. Haase (WI) Jeffrey L. Hays (ID) Pieter M. Hoeckman (CO) Mary A. Jefferson (VA) Randy W. Jones (NC) Dennis V. Klima (KS) Chi H. Ku (WI) Vernard E. Lackey (OR) Cory K. Malloy (NY) David Marseille (NY) Colton R. Martin (TX) Gerasim J. Merculief (AK) Luong G. Pham (OR) Alphonso Rose (NH) Paul Ross (GA) Rafael A. Santana (MA) Cole J. Schoennema (CA) William C. Sexton, Jr. (VA) Nicole B. Sherman (CT) Kim D. Steinbeck (MA) John C. Story (MT) Randy L. Toy (PA) Hartman P. Trabeaux (LA) Tracy W. Williams (MD) Mark E. Wilson (VA) The following applicant, Raphael N. Haynes (NY), had renal insufficiency. The following 8 applicants have had more than one hypoglycemic episode requiring hospitalization or the assistance of others, or has had one such episode but has not had one year of stability following the episode: Glen A. Clark (DE) Dana L. Guest (TN) Jason P. Kunkle (PA) Giasi A. Leite (GA) David V. Marreel (NE) Casey M. O'Reilly (PA) Daniel A. Sorem (MN) Michael D. Underwood (AL) The following 6 applicants had other medical conditions making the applicant otherwise unqualified under the Federal Motor Carrier Safety Regulations: Gordon R. Jockisch (IL) Gerald P. Malone (IA) Michael J. Perfect (WA) Van A. Tenny (KS) Jay M. Westerfer (PA) Timothy A. Wright (OH) The following applicant, Kenneth W. Wilson (BC), currently resides in Canada. He is not eligible because the Federal exemption is for drivers operating only in the United States. The following 5 applicants did not meet the minimum age criteria outlined in 49 CFR 391.41(b)(1) which states that an individual must be at least 21 years old to operate a CMV in interstate commerce: James C. Cox (TX) Joseph M. Hall (NY) Logan J. Kocher (PA) Wilbur Robinson (SC) Makhial J. Webb (CA) The following 9 applicants were exempt from the diabetes standard: David B. Anderson (VA) Carlos J. Carames (NJ) Ronald L. Cogan (OH) Douglas L. Dudley (VA) Michael Halsey (IN) Frederick R. Haynes (MI) Danny R. Knox (KY) John M. Reichenberg (NJ) Julia M. Seger (MD) Issued on: October 14, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016-25766 Filed 10-24-16; 8:45 am] BILLING CODE 4910-EX-P
![73466 Federal Register / Vol. 81, No. 206 / Tuesday, October 25, 2016 / Notices
III. Request for Exemption 30-minute rest break does not enhance of this, if a concrete pump operator has
On December 27, 2011 (76 FR 81133), job safety. worked 8 hours when the ready-mixed
FMCSA published a final rule amending ACPA states that when concrete truck arrives, it is impossible for the
its hours-of-service (HOS) regulations companies expect a 9-hour job and it concrete pump operator to take his or
for drivers of property-carrying CMVs. ends up being 2–3 hours longer, most of her 30-minute break since he/she has to
that additional time is spent waiting on place the concrete.
The final rule adopted several changes
concrete and doing nothing more than ACPA believes that granting this
to the HOS regulations, including a
recirculating the concrete in the pump exemption would achieve the same
provision requiring drivers to take a rest level of safety provided by the rule
break during the work day under certain about every 10–15 minutes to avoid
hardening and the introduction of air requiring the 30-minute rest break. The
circumstances. Drivers may drive a Association states that the concrete
CMV only if 8 hours or less have passed pockets in the pipe system. Only a small
percentage of the concrete pump pumping industry has a solid safety
since the end of the driver’s last off-duty record, and that concrete pump
or sleeper-berth period of at least 30 operator’s time is spent driving. On
average, concrete pump operators spend operators already receive numerous
minutes. FMCSA did not specify when breaks throughout the work day. The
drivers must take the 30-minute break, between 25–32% of their time driving
during a shift, and average daily driving ACPA Operation Certification Program
but the rule requires that they wait no ensures, encourages, and educates the
longer than 8 hours after the last off- distances are 20–25 miles. Another 30-
minute break limits the operator’s industry on safe pumping and
duty or sleeper-berth period of that placement procedures. These safety
length or longer to take the break if they ability to return the concrete pump to
the shop within the daily 14-hour practices allow concrete operators to
want to drive a CMV. maintain their safety record through
ACPA seeks an exemption from the driving window.
According to ACPA, concrete is a careful training and well-developed
30-minute rest break provision in 49 safety guidelines.
perishable product. The perishable
CFR 395.3(a)(3)(ii). The requested A copy of the ACPA’s application for
nature of concrete also creates difficult
exemption would apply industry-wide exemption is available for review in the
schedule coordination issues due to
to all concrete pump operators, concrete docket for this notice.
concrete being needed on a just-in-time
pumping companies and drivers who
basis. A concrete pump operator cannot Issued on: October 17, 2016.
deliver, set-up, and operate concrete
plan the timing of the 30-minute break, Larry W. Minor,
pumps across the United States. ACPA
as they cannot interrupt their work Associate Administrator for Policy.
currently represents more than 600
activity without the threat of failure— [FR Doc. 2016–25755 Filed 10–24–16; 8:45 am]
member companies employing over
failure to accept and deliver concrete
7,000 workers nationwide. The BILLING CODE 4910–EX–P
within its perishable limits and failure
exemption would be applied to all
by violating their contracts. Once the
interstate concrete pumper trucks and
ingredients of ready-mixed concrete DEPARTMENT OF TRANSPORTATION
their operators. Although many of the
have been combined, there is a brief
trucks operate intrastate and would Federal Motor Carrier Safety
window during which the product can
therefore not be covered by an FMCSA Administration
be pumped (roughly 90 minutes before
exemption, an unknown number of the
the concrete hardens). Should the [Docket No. FMCSA–2016–0224]
pumping trucks are operated in
concrete pump operator be required to
metropolitan areas and do routinely
take a 30-minute off-duty break, it Qualification of Drivers; Exemption
cross State lines.1
would cause a ripple effect on the Applications; Diabetes
ACPA requests the exemption for the
ready-mix concrete trucks in line to
following reasons: First, it argues that AGENCY: Federal Motor Carrier Safety
supply the pump. Such a delay could
the mandatory 30-minute rest break Administration (FMCSA), DOT.
cost thousands of dollars to rectify and
increases the risk of dangerous ACTION: Notice of denials.
could potentially violate a delivery
conditions on job sites. A mandatory 30-
contract. Once the concrete pump starts SUMMARY: FMCSA announces its denial
minute rest break during which the
to receive a delivery, it must be of 74 applications from individuals who
concrete pump operator is considered to
completed, without disruption to requested an exemption from the
be ‘‘off-duty’’ would require the
conduct a safe and structurally sound Federal diabetes standard applicable to
concrete pump to be shut down, and
pour. interstate truck and bus drivers and the
likely cleaned out. Stopping the flow of
Furthermore, ACPA adds that reasons for the denials. FMCSA has
concrete through the pump creates the
concrete pumping and placement statutory authority to exempt
risk of introducing air in the pump’s
companies work in collaboration with individuals from the diabetes
pipe system. When air gets in the
ready-mixed companies. Scheduling requirement if the exemptions granted
pump’s pipe system, the risk of hose
local business contracts in compliance will not compromise safety. The Agency
whipping is created, which can injure
with State and Federal regulations has concluded that granting these
not only the pump operator, but any
incorporating the 30-minute rest break exemptions does not provide a level of
personnel within reach of the hose.
is incredibly complicated, verging on safety that will be equivalent to, or
Secondly, concrete pump operators
impossible in cases when some concrete
already take rest breaks throughout the
companies operate under different service regulations, including the 30-minute break
typical day that reflect the work flow at
FMCSA rules. ACPA mentioned that the rule, who operates within a 100 air-mile radius of
mstockstill on DSK3G9T082PROD with NOTICES
the job site, so an additional minimum
ready-mixed drivers were granted an his/her normal work reporting location and meets
exemption from the minimum 30- certain other requirements [Pub. L. 114–94, 129
1 FMCSA does not have jurisdiction over Stat. 1312, 1559, Dec. 4, 2015, codified at 49 U.S.C.
intrastate transporation; however, most States have minute rest break provision.2 As a result 31502(f)]. In addition, FMCSA granted drivers of
commercial motor vehicle statutes and regulations ready mixed concrete trucks an exemption from the
that are compatible with Federal regulations. An 2 More precisely, section 5521 of the Fixing 30-minute break requirement [80 FR 17819, April
FMCSA exemption only applies to interstate America’s Surface Transportation (FAST) Act, 2, 2015], which section 5206(b)(1)(A) of the FAST
transportation, although some States honor them for exempts a ‘‘driver of a ready mixed concrete Act made into permanent law [129 Stat. 1312,
intrastate traffic. delivery vehicle’’ from all of the normal hours-of- 1537].
VerDate Sep<11>2014 16:58 Oct 24, 2016 Jkt 241001 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 E:\FR\FM\25OCN1.SGM 25OCN1](https://thefederalregister.org/doc/81_FR_73672/page/1.svg)
![Federal Register / Vol. 81, No. 206 / Tuesday, October 25, 2016 / Notices 73467
greater than, the level of safety Evon L. Gray (PA) Logan J. Kocher (PA)
maintained without the exemptions for Joseph L. Gutierrez (IL) Wilbur Robinson (SC)
these commercial motor vehicle (CMV) Joseph A. Haase (WI) Makhial J. Webb (CA)
drivers. Jeffrey L. Hays (ID) The following 9 applicants were
FOR FURTHER INFORMATION CONTACT: Ms. Pieter M. Hoeckman (CO) exempt from the diabetes standard:
Christine A. Hydock, Chief, Medical Mary A. Jefferson (VA) David B. Anderson (VA)
Programs Division, (202) 366–4001, Randy W. Jones (NC) Carlos J. Carames (NJ)
fmcsamedical@dot.gov, FMCSA, Dennis V. Klima (KS) Ronald L. Cogan (OH)
Department of Transportation, 1200 Chi H. Ku (WI) Douglas L. Dudley (VA)
New Jersey Avenue SE., Room W64– Vernard E. Lackey (OR) Michael Halsey (IN)
Cory K. Malloy (NY) Frederick R. Haynes (MI)
113, Washington, DC 20590–0001. Danny R. Knox (KY)
Office hours are 8:30 a.m. to 5 p.m., e.t., David Marseille (NY)
John M. Reichenberg (NJ)
Monday through Friday, except Federal Colton R. Martin (TX) Julia M. Seger (MD)
holidays. Gerasim J. Merculief (AK)
Luong G. Pham (OR) Issued on: October 14, 2016.
SUPPLEMENTARY INFORMATION:
Alphonso Rose (NH) Larry W. Minor,
Background Paul Ross (GA) Associate Administrator for Policy.
Under 49 U.S.C. 31136(e) and 31315, Rafael A. Santana (MA) [FR Doc. 2016–25766 Filed 10–24–16; 8:45 am]
FMCSA may grant an exemption from Cole J. Schoennema (CA) BILLING CODE 4910–EX–P
the Federal diabetes standard for a William C. Sexton, Jr. (VA)
renewable 2-year period if it finds ‘‘such Nicole B. Sherman (CT)
an exemption would likely achieve a Kim D. Steinbeck (MA) DEPARTMENT OF TRANSPORTATION
level of safety that is equivalent to, or John C. Story (MT)
Randy L. Toy (PA) National Highway Traffic Safety
greater than, the level that would be Administration
achieved absent such an exemption.’’ Hartman P. Trabeaux (LA)
The procedures for requesting an Tracy W. Williams (MD) [Docket No. NHTSA–2016–0105]
exemption are set forth in 49 CFR part Mark E. Wilson (VA)
381. The following applicant, Raphael N. Traffic Safety for Older Road Users
Accordingly, FMCSA evaluated 74 Haynes (NY), had renal insufficiency. Meeting
individual exemption requests on their The following 8 applicants have had AGENCY: National Highway Traffic
merits and made a determination that more than one hypoglycemic episode Safety Administration (NHTSA), U.S.
these applicants do not satisfy the requiring hospitalization or the Department of Transportation (DOT).
criteria eligibility or meet the terms and assistance of others, or has had one such ACTION: Notice.
conditions of the Federal exemption episode but has not had one year of
program. Each applicant has, prior to stability following the episode: SUMMARY: The National Highway Traffic
this notice, received a letter of final Glen A. Clark (DE) Safety Administration (NHTSA) is
disposition on the exemption request. Dana L. Guest (TN) announcing a meeting that will be held
Those decision letters fully outlined the Jason P. Kunkle (PA) in Washington, DC on November 3,
basis for the denial and constitute final Giasi A. Leite (GA) 2016 to discuss older driver traffic
Agency action. The list published in David V. Marreel (NE) safety program priorities and current
this notice summarizes the Agency’s Casey M. O’Reilly (PA) research efforts. The Traffic Safety for
recent denials as required under 49 Daniel A. Sorem (MN) Older Road Users meeting will include
U.S.C. 31315(b)(4) by periodically Michael D. Underwood (AL) presentations and discussions on a
publishing names and reasons for number of topics including older driver
The following 6 applicants had other demographics; research on
denial. medical conditions making the
The following 10 applicants met the understanding the dynamics,
applicant otherwise unqualified under mechanisms, determinants and
diabetes requirements of 49 CFR
the Federal Motor Carrier Safety consequences of older driver safety;
391.41(b)(3) and do not need an
Regulations: integration of law enforcement
exemption:
Gordon R. Jockisch (IL) information, education of licensing
Byron D. Benham (IL)
Gerald P. Malone (IA) agency personnel, aging services
Donald D. Dixon, Sr. (IN)
Michael J. Perfect (WA) providers and medical personnel;
Reggie L. Knight (NC)
Daniel Meza (TX) Van A. Tenny (KS) identification and services for at-risk
Robert L. Middleton (NC) Jay M. Westerfer (PA) drivers; state and local mobility
Augustino M. Pang (NY) Timothy A. Wright (OH) alternatives and the future potential of
Dana W. Rhoades (WA) The following applicant, Kenneth W. connected and automated vehicles for
Gary W. Shreve (MI) Wilson (BC), currently resides in an aging population. Attendance at the
Robert B. Ulrich, Jr. (PA) Canada. He is not eligible because the meeting is limited to invited
Kenneth D. Williams (GA) Federal exemption is for drivers participants because of space limitations
The following 34 applicants were not operating only in the United States. of the DOT Conference Center.
operating CMVs in interstate commerce: The following 5 applicants did not However, the meeting will be available
mstockstill on DSK3G9T082PROD with NOTICES
William F. Batz (NY) meet the minimum age criteria outlined for live public viewing on the NHTSA
Gregory A. Carroll (MD) in 49 CFR 391.41(b)(1) which states that Web site (www.nhtsa.gov).
Fred J. Conti (PA) an individual must be at least 21 years DATES: The meeting will be held on
Francis D.P. Desouza (PA) old to operate a CMV in interstate November 3, 2016 from 9:00 a.m. to 4:30
Cory J. Dey (PA) commerce: p.m.
John R. Ebell (OR) James C. Cox (TX) ADDRESSES: The meeting will be held in
Harold K. Goebel (TX) Joseph M. Hall (NY) the Media Center of the U.S. Department
VerDate Sep<11>2014 16:58 Oct 24, 2016 Jkt 241001 PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 E:\FR\FM\25OCN1.SGM 25OCN1](https://thefederalregister.org/doc/81_FR_73672/page/2.svg)
Document Created: 2018-02-13 16:38:32
Document Modified: 2018-02-13 16:38:32
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of denials. | |
| Contact | Ms. 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 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. | |
| FR Citation | 81 FR 73466 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR