81_FR_80384 81 FR 80164 - Qualification of Drivers; Exemption Applications; Diabetes

81 FR 80164 - Qualification of Drivers; Exemption Applications; Diabetes

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 220 (November 15, 2016)

Page Range80164-80166
FR Document2016-27396

FMCSA announces its decision to renew the exemptions of 117 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 220 (Tuesday, November 15, 2016)
[Federal Register Volume 81, Number 220 (Tuesday, November 15, 2016)]
[Notices]
[Pages 80164-80166]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27396]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0247; FMCSA-2012-0128; FMCSA-2012-0217; FMCSA-
2012-0219; FMCSA-2014-0021]


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 117 
individuals from its rule prohibiting persons with insulin-treated 
diabetes mellitus (ITDM) from operating commercial motor vehicles 
(CMVs) in interstate commerce. FMCSA has statutory authority to exempt 
individuals from this rule if the exemptions granted will not 
compromise safety. The Agency has concluded that granting these 
exemption renewals will provide a level of safety that is equivalent to 
or greater than the level of safety maintained without the exemptions 
for these CMV drivers.

DATES: Each group of renewed exemptions are effective from the dates 
stated in the discussions below. Comments must be received on or before 
December 15, 2016.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) numbers: Docket No. FMCSA-2010-0247; FMCSA-
2012-0128; FMCSA-2012-0217; FMCSA-2012-0219; FMCSA-2014-0021, 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: 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 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 117 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 117 individuals who have requested renewal of 
their exemptions in accordance with FMCSA procedures. These 117 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

[[Page 80165]]

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 October and are 
discussed below.
    As of October 8, 2016, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following individual, Gary B. Bland (GA), has satisfied 
the renewal conditions for obtaining an exemption from the rule 
prohibiting drivers with ITDM from driving CMVs in interstate commerce 
(75 FR 52813; 75 FR 64394). The driver was included in Docket No. 
FMCSA-2010-0247. The exemption is effective as of October 8, 2016, and 
will expire on October 8, 2018.
    As of October 10, 2016, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 8 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 48587; 77 FR 
61655).

Dominick Bravata (IL)
Barry J. Drews (MI)
Mason L. Hall (SD)
Chad E. Hasler (MT)
Norman A. Latondresse (RI)
Robert C. Lister, Jr. (OH)
Robert E. Smith (GA)
Steven A. Wilson (FL)

    The drivers were included in Docket No. FMCSA-2012-0217. Their 
exemptions are effective as of October 10, 2016, and will expire on 
October 10, 2018.
    As of October 19, 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 52813; 75 FR 
64394).

Eric A. Anderson (ND)
Juan E. Boyd (NC)
Bradley R. Burns (OH)
Leo G. Dinero (GA)
Terry W. Ferguson (GA)
Thomas G. Flanagan (IN)
Donald K. Fraase (ND)
Jason W. Geier (MT)
Scott R. Grange (CA)
John A. Hayes (NY)
Bradley D. Heagel (IA)
Harold A. Meeker, Jr. (MA)
Ronald D. Olson (WI)
Daniel E. Velasco (MD)

    The drivers were included in Docket No. FMCSA-2010-0247. Their 
exemptions are effective as of October 19, 2016, and will expire on 
October 19, 2018.
    As of October 21, 2016, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 71 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 56107; 79 FR 
73946):

Michael L. Agnitsch (NE)
Earl W. Avery (TN)
Michael A. Baker (CT)
Pablo H. Bilbao La Vieja Pozo (RI)
Todd D. Bloomfield (WA)
Charles K. Bond (PA)
Christopher R. Cook (NY)
Wygila M. Corliss (NM)
Timothy J. Cornish (OH)
Evan R. Dieken (MN)
Greg B. Duck (TX)
Richard A. Durr (IL)
George B. Ferris, Jr. (NY)
John B. Flood (MO)
Brian K. Forrest (PA)
David S. Fortune (VA)
John Galione (NJ)
Peter E. Ganss (KS)
David E. Gates (MA)
Michael Hawkins (SC)
Rodney J. Hendricks (ID)
Timothy U. Herring (NC)
Richard L. Hines (NC)
David M. Hughes (UT)
Jammie L. Hughes (OH)
Andy L. Hughes (IL)
Rodney L. Johnson (OR)
Paul D. Kimmel (IA)
Scott M. Klain (OR)
Jeffrey P. Kloeckl (SD)
John J. Kress (AZ)
Gregory L. Kuharski (MN)
Robert B. Langston, III (MS)
Mark W. Lavorini (PA)
Alan S. Lewis (NM)
William M. Linskey (MA)
Jason D. Lowder (OH)
Arnold V. Magaoay (HI)
Norman C. Mallett (AR)
Justin T. Mattice (AZ)
Leldon W. McCutcheon (AL)
William F. McQueen Jr. (MO)
Kenneth M. Miller (ID)
William F. Mitchell (CT)
Richard E. Moore (NY)
Matthew K. Morrison (UT)
Gary R. Nelson (MN)
Edward L. Norfleet (AL)
Mark P. Norwood (NV)
Kyle R. Perry (PA)
Michael L. Plinski (WA)
Christopher M. Provance (NE)
James A. Rambo (VA)
Michael E. Reck (OH)
Warren A. Richter (MN)
Richard D. Sandison (ND)
James E. Seymour (PA)
Calvin R. Smith (IL)
Wesley J. Summerville (PA)
William R. Thome (IA)
Stephen M. Thompson (GA)
Randy L. Triplett (OH)
John E. Trygstad (SD)
Steven R. Weir (MA)
Richard T. Whitney (MN)
Donald D. Willard (IA)
Gary W. Wozniak (NE)
Steven L. Yokom (ID)
Allan M. Younglas (PA)
Daniel R. Zuriff (MN)

    The drivers were included in Docket No. FMCSA-2014-0021. Their 
exemptions are effective as of October 21, 2016, and will expire on 
October 21, 2018.
    As of October 22, 2016, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 16 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 52384; 77 FR 
64585).

Richard T. Ewell (IL)
Patrick D. Fortier (MN)
Daniel J. Gladen (MN)
Walter V. Gruba (VA)
Marshall D. Howell (MI)
Roger P. LaFever (WI)
William R. Lawrence (MT)
Duane J. Mullins (WI)
Louis R. Noellsch (WA)
Darrin W. Pettis (WA)
Michael J. Raposa (MA)
Anthony E. Reed (MO)
Earl L. Slater (NY)
Keith J. Tavares (MA)
Phillip L. Truitt (MD)
David A. Weinbroer (KY)

    The drivers were included in Docket No. FMCSA-2012-0128. Their 
exemptions are effective as of October 22, 2016, and will expire on 
October 22, 2018.
    As of October 31, 2016, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 7 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (77 FR 56258; 77 FR 
65929).

Edward K. Belcher (KY)
Philip C. Brooks, Jr. (VA)
Michael R. Conley (MN)
Patrick J. Connors (MA)
John C. Halabura (PA)
Paul L. Harrison III (NY)
Robert D. Marshall (PA)

    The drivers were included in Docket No. FMCSA-2012-0219. Their

[[Page 80166]]

exemptions are effective as of October 31, 2016, and will expire on 
October 31, 2018.
    Each of the 117 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 
117 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-2010-0247; FMCSA-2012-0128; FMCSA-
2012-0217; FMCSA-2012-0219; FMCSA-2014-0021.

Request for Comments

    FMCSA will review comments received at any time concerning a 
particular driver's safety record and determine if the continuation of 
the exemption is consistent with the requirements at 49 U.S.C. 31136(e) 
and 31315. However, FMCSA requests that interested parties with 
specific data concerning the safety records of these drivers submit 
comments by December 15, 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 117 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-2010-0247; FMCSA-
2012-0128; FMCSA-2012-0217; FMCSA-2012-0219; FMCSA-2014-0021 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-2010-0247; FMCSA-2012-0128; FMCSA-2012-0217; 
FMCSA-2012-0219; FMCSA-2014-0021 and click ``Search.'' Next, click 
``Open Docket Folder'' and you will find all documents and comments 
related to this notice.

    Issued on: November 1, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-27396 Filed 11-14-16; 8:45 am]
 BILLING CODE 4910-EX-P



                                                  80164                      Federal Register / Vol. 81, No. 220 / Tuesday, November 15, 2016 / Notices

                                                  Viewing Comments and Documents                          ADDRESSES:   You may submit comments                  113, Washington, DC 20590–0001.
                                                     To view comments, as well as any                     bearing the Federal Docket Management                 Office hours are from 8 a.m. to 5:30 p.m.
                                                  documents mentioned in this preamble,                   System (FDMS) numbers: Docket No.                     Monday through Friday, except Federal
                                                  go to http://www.regulations.gov and in                 FMCSA–2010–0247; FMCSA–2012–                          holidays.
                                                  the search box insert the docket number                 0128; FMCSA–2012–0217; FMCSA–                         SUPPLEMENTARY INFORMATION:
                                                  FMCSA–1998–3637; FMCSA–2000–                            2012–0219; FMCSA–2014–0021, using
                                                                                                          any of the following methods:                         Background
                                                  7006; FMCSA–2000–7165; FMCSA–
                                                  2000–8203; FMCSA–2001–10578;                              • 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
                                                  FMCSA–2002–12294; FMCSA–2004–
                                                                                                          on-line instructions for submitting                   the Federal Motor Carrier Safety
                                                  18885; FMCSA–2008–0106; FMCSA–
                                                                                                          comments.                                             Regulations 2-year period if it finds
                                                  2008–0231; FMCSA–2008–0266;
                                                  FMCSA–2010–0082; FMCSA–2010–                              • Mail: Docket Management Facility;                 ‘‘such exemption would likely achieve a
                                                                                                          U.S. Department of Transportation, 1200               level of safety that is equivalent to or
                                                  0161; FMCSA–2010–0187; FMCSA–
                                                                                                          New Jersey Avenue SE., West Building                  greater than the level that would be
                                                  2010–0201; FMCSA–2011–0324;
                                                                                                          Ground Floor, Room W12–140,                           achieved absent such exemption.’’ The
                                                  FMCSA–2012–0105; FMCSA–2012–
                                                                                                          Washington, DC 20590–0001.                            statute also allows the Agency to renew
                                                  0215; FMCSA–2014–0005; FMCSA–
                                                  2014–0006; FMCSA–2014–0007;                               • Hand Delivery or Courier: West                    exemptions at the end of the 2-year
                                                                                                          Building Ground Floor, Room W12–140,                  period. The 117 individuals listed in
                                                  FMCSA–2014–0010; FMCSA–2014–                                                                                  this notice have recently become
                                                  0011; FMCSA–2014–0296; FMCSA–                           1200 New Jersey Avenue SE.,
                                                                                                          Washington, DC, between 9 a.m. and 5                  eligible for a renewed exemption from
                                                  2014–0297 and click ‘‘Search.’’ Next,                                                                         the diabetes prohibition in 49 CFR
                                                  click ‘‘Open Docket Folder’’ and you                    p.m., Monday through Friday, except
                                                                                                          Federal Holidays.                                     391.41(b)(3), which applies to drivers of
                                                  will find all documents and comments                                                                          CMVs in interstate commerce. The
                                                  related to this notice.                                   • Fax: 1–202–493–2251.
                                                                                                            Instructions: Each submission must                  drivers remain in good standing with
                                                    Issued on: November 1, 2016.                          include the Agency name and the                       the Agency, have maintained their
                                                  Larry W. Minor,                                         docket number for this notice. Note that              required medical monitoring and have
                                                  Associate Administrator for Policy.                     DOT posts all comments received                       not exhibited any medical issues that
                                                  [FR Doc. 2016–27397 Filed 11–14–16; 8:45 am]            without change to http://                             would compromise their ability to safely
                                                  BILLING CODE 4910–EX–P                                  www.regulations.gov, including any                    operate a CMV during the previous 2-
                                                                                                          personal information included in a                    year exemption period.
                                                                                                          comment. Please see the Privacy Act                   Exemption Decision
                                                  DEPARTMENT OF TRANSPORTATION                            heading below.
                                                                                                                                                                   This notice addresses 117 individuals
                                                                                                            Docket: For access to the docket to
                                                  Federal Motor Carrier Safety                                                                                  who have requested renewal of their
                                                                                                          read background documents or
                                                  Administration                                                                                                exemptions in accordance with FMCSA
                                                                                                          comments, go to http://                               procedures. These 117 drivers remain in
                                                  [Docket No. FMCSA–2010–0247; FMCSA–                     www.regulations.gov at any time or                    good standing with the Agency, have
                                                  2012–0128; FMCSA–2012–0217; FMCSA–                      Room W12–140 on the ground level of                   maintained their required medical
                                                  2012–0219; FMCSA–2014–0021]                             the West Building, 1200 New Jersey                    monitoring and have not exhibited any
                                                                                                          Avenue SE., Washington, DC, between 9                 medical issues that would compromise
                                                  Qualification of Drivers; Exemption                     a.m. and 5 p.m., Monday through
                                                  Applications; Diabetes                                                                                        their ability to safely operate a CMV
                                                                                                          Friday, except Federal holidays. The                  during the previous 2-year exemption
                                                  AGENCY: Federal Motor Carrier Safety                    Federal Docket Management System                      period. Therefore, FMCSA has decided
                                                  Administration (FMCSA), DOT.                            (FDMS) is available 24 hours each day,                to extend each exemption for a
                                                  ACTION: Notice of renewal of
                                                                                                          365 days each year. If you want                       renewable two-year period. Each
                                                  exemptions; request for comments.                       acknowledgment that we received your                  individual is identified according to the
                                                                                                          comments, please include a self-                      renewal date.
                                                  SUMMARY:   FMCSA announces its                          addressed, stamped envelope or                           The exemptions are renewed subject
                                                  decision to renew the exemptions of 117                 postcard or print the acknowledgement                 to the following conditions: (1) That
                                                  individuals from its rule prohibiting                   page that appears after submitting                    each individual submit a quarterly
                                                  persons with insulin-treated diabetes                   comments on-line.                                     monitoring checklist completed by the
                                                  mellitus (ITDM) from operating                            Privacy Act: Anyone may search the                  treating endocrinologist as well as an
                                                  commercial motor vehicles (CMVs) in                     electronic form of all comments                       annual checklist with a comprehensive
                                                  interstate commerce. FMCSA has                          received into any of our dockets by the               medical evaluation; (2) that each
                                                  statutory authority to exempt                           name of the individual submitting the                 individual reports within 2 business
                                                  individuals from this rule if the                       comment (or of the person signing the                 days of occurrence, all episodes of
                                                  exemptions granted will not                             comment, if submitted on behalf of an                 severe hypoglycemia, significant
                                                  compromise safety. The Agency has                       association, business, labor union, etc.).            complications, or inability to manage
                                                  concluded that granting these                           You may review DOT’s Privacy Act                      diabetes; also, any involvement in an
                                                  exemption renewals will provide a level                 Statement for the Federal Docket                      accident or any other adverse event in
                                                  of safety that is equivalent to or greater              Management System (FDMS) published                    a CMV or personal vehicle, whether or
                                                  than the level of safety maintained                     in the Federal Register on January 17,                not it is related to an episode of
mstockstill on DSK3G9T082PROD with NOTICES




                                                  without the exemptions for these CMV                    2008 (73 FR 3316).                                    hypoglycemia; (3) that each individual
                                                  drivers.                                                FOR FURTHER INFORMATION CONTACT: Ms.                  submit an annual ophthalmologist’s or
                                                  DATES: Each group of renewed                            Christine A. Hydock, Chief, Medical                   optometrist’s report; and (4) that each
                                                  exemptions are effective from the dates                 Programs Division, 202–366–4001,                      individual provide a copy of the annual
                                                  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 December 15, 2016.                               New Jersey Avenue SE., Room W64–                      file, or keep a copy in his/her driver’s


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                                                                             Federal Register / Vol. 81, No. 220 / Tuesday, November 15, 2016 / Notices                                          80165

                                                  qualification file if he/she is self-                   Harold A. Meeker, Jr. (MA)                            James A. Rambo (VA)
                                                  employed. The driver must also have a                   Ronald D. Olson (WI)                                  Michael E. Reck (OH)
                                                  copy of the certification when driving,                 Daniel E. Velasco (MD)                                Warren A. Richter (MN)
                                                  for presentation to a duly authorized                      The drivers were included in Docket                Richard D. Sandison (ND)
                                                  Federal, State, or local enforcement                    No. FMCSA–2010–0247. Their                            James E. Seymour (PA)
                                                  official.                                               exemptions are effective as of October                Calvin R. Smith (IL)
                                                                                                          19, 2016, and will expire on October 19,              Wesley J. Summerville (PA)
                                                  Basis for Renewing Exemptions                                                                                 William R. Thome (IA)
                                                                                                          2018.
                                                     Under 49 U.S.C. 31315(b)(1), an                                                                            Stephen M. Thompson (GA)
                                                                                                             As of October 21, 2016, and in
                                                  exemption may be granted for no longer                                                                        Randy L. Triplett (OH)
                                                                                                          accordance with 49 U.S.C. 31136(e) and                John E. Trygstad (SD)
                                                  than two years from its approval date                   31315, the following 71 individuals
                                                  and may be renewed upon application                                                                           Steven R. Weir (MA)
                                                                                                          have satisfied the renewal conditions for             Richard T. Whitney (MN)
                                                  for additional two year periods. The                    obtaining an exemption from the rule
                                                  following groups of drivers received                                                                          Donald D. Willard (IA)
                                                                                                          prohibiting drivers with ITDM from                    Gary W. Wozniak (NE)
                                                  renewed exemptions in the month of                      driving CMVs in interstate commerce                   Steven L. Yokom (ID)
                                                  October and are discussed below.                        (79 FR 56107; 79 FR 73946):                           Allan M. Younglas (PA)
                                                     As of October 8, 2016, and in
                                                                                                          Michael L. Agnitsch (NE)                              Daniel R. Zuriff (MN)
                                                  accordance with 49 U.S.C. 31136(e) and
                                                                                                          Earl W. Avery (TN)                                      The drivers were included in Docket
                                                  31315, the following individual, Gary B.
                                                                                                          Michael A. Baker (CT)                                 No. FMCSA–2014–0021. Their
                                                  Bland (GA), has satisfied the renewal
                                                                                                          Pablo H. Bilbao La Vieja Pozo (RI)                    exemptions are effective as of October
                                                  conditions for obtaining an exemption                   Todd D. Bloomfield (WA)
                                                  from the rule prohibiting drivers with                                                                        21, 2016, and will expire on October 21,
                                                                                                          Charles K. Bond (PA)                                  2018.
                                                  ITDM from driving CMVs in interstate                    Christopher R. Cook (NY)
                                                  commerce (75 FR 52813; 75 FR 64394).                                                                            As of October 22, 2016, and in
                                                                                                          Wygila M. Corliss (NM)                                accordance with 49 U.S.C. 31136(e) and
                                                  The driver was included in Docket No.                   Timothy J. Cornish (OH)
                                                  FMCSA–2010–0247. The exemption is                                                                             31315, the following 16 individuals
                                                                                                          Evan R. Dieken (MN)                                   have satisfied the renewal conditions for
                                                  effective as of October 8, 2016, and will               Greg B. Duck (TX)
                                                  expire on October 8, 2018.                                                                                    obtaining an exemption from the rule
                                                                                                          Richard A. Durr (IL)                                  prohibiting drivers with ITDM from
                                                     As of October 10, 2016, and in                       George B. Ferris, Jr. (NY)
                                                  accordance with 49 U.S.C. 31136(e) and                                                                        driving CMVs in interstate commerce
                                                                                                          John B. Flood (MO)                                    (77 FR 52384; 77 FR 64585).
                                                  31315, the following 8 individuals have                 Brian K. Forrest (PA)
                                                  satisfied the renewal conditions for                                                                          Richard T. Ewell (IL)
                                                                                                          David S. Fortune (VA)                                 Patrick D. Fortier (MN)
                                                  obtaining an exemption from the rule                    John Galione (NJ)
                                                  prohibiting drivers with ITDM from                                                                            Daniel J. Gladen (MN)
                                                                                                          Peter E. Ganss (KS)                                   Walter V. Gruba (VA)
                                                  driving CMVs in interstate commerce                     David E. Gates (MA)
                                                  (77 FR 48587; 77 FR 61655).                                                                                   Marshall D. Howell (MI)
                                                                                                          Michael Hawkins (SC)                                  Roger P. LaFever (WI)
                                                  Dominick Bravata (IL)                                   Rodney J. Hendricks (ID)                              William R. Lawrence (MT)
                                                  Barry J. Drews (MI)                                     Timothy U. Herring (NC)                               Duane J. Mullins (WI)
                                                  Mason L. Hall (SD)                                      Richard L. Hines (NC)                                 Louis R. Noellsch (WA)
                                                  Chad E. Hasler (MT)                                     David M. Hughes (UT)                                  Darrin W. Pettis (WA)
                                                  Norman A. Latondresse (RI)                              Jammie L. Hughes (OH)                                 Michael J. Raposa (MA)
                                                  Robert C. Lister, Jr. (OH)                              Andy L. Hughes (IL)                                   Anthony E. Reed (MO)
                                                  Robert E. Smith (GA)                                    Rodney L. Johnson (OR)                                Earl L. Slater (NY)
                                                  Steven A. Wilson (FL)                                   Paul D. Kimmel (IA)                                   Keith J. Tavares (MA)
                                                     The drivers were included in Docket                  Scott M. Klain (OR)                                   Phillip L. Truitt (MD)
                                                  No. FMCSA–2012–0217. Their                              Jeffrey P. Kloeckl (SD)                               David A. Weinbroer (KY)
                                                  exemptions are effective as of October                  John J. Kress (AZ)                                      The drivers were included in Docket
                                                  10, 2016, and will expire on October 10,                Gregory L. Kuharski (MN)                              No. FMCSA–2012–0128. Their
                                                  2018.                                                   Robert B. Langston, III (MS)                          exemptions are effective as of October
                                                     As of October 19, 2016, and in                       Mark W. Lavorini (PA)                                 22, 2016, and will expire on October 22,
                                                  accordance with 49 U.S.C. 31136(e) and                  Alan S. Lewis (NM)                                    2018.
                                                  31315, the following 14 individuals                     William M. Linskey (MA)                                 As of October 31, 2016, and in
                                                  have satisfied the renewal conditions for               Jason D. Lowder (OH)                                  accordance with 49 U.S.C. 31136(e) and
                                                  obtaining an exemption from the rule                    Arnold V. Magaoay (HI)                                31315, the following 7 individuals have
                                                  prohibiting drivers with ITDM from                      Norman C. Mallett (AR)                                satisfied the renewal conditions for
                                                  driving CMVs in interstate commerce                     Justin T. Mattice (AZ)                                obtaining an exemption from the rule
                                                  (75 FR 52813; 75 FR 64394).                             Leldon W. McCutcheon (AL)                             prohibiting drivers with ITDM from
                                                  Eric A. Anderson (ND)                                   William F. McQueen Jr. (MO)                           driving CMVs in interstate commerce
                                                  Juan E. Boyd (NC)                                       Kenneth M. Miller (ID)                                (77 FR 56258; 77 FR 65929).
                                                  Bradley R. Burns (OH)                                   William F. Mitchell (CT)                              Edward K. Belcher (KY)
                                                  Leo G. Dinero (GA)                                      Richard E. Moore (NY)                                 Philip C. Brooks, Jr. (VA)
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                                                  Terry W. Ferguson (GA)                                  Matthew K. Morrison (UT)                              Michael R. Conley (MN)
                                                  Thomas G. Flanagan (IN)                                 Gary R. Nelson (MN)                                   Patrick J. Connors (MA)
                                                  Donald K. Fraase (ND)                                   Edward L. Norfleet (AL)                               John C. Halabura (PA)
                                                  Jason W. Geier (MT)                                     Mark P. Norwood (NV)                                  Paul L. Harrison III (NY)
                                                  Scott R. Grange (CA)                                    Kyle R. Perry (PA)                                    Robert D. Marshall (PA)
                                                  John A. Hayes (NY)                                      Michael L. Plinski (WA)                                 The drivers were included in Docket
                                                  Bradley D. Heagel (IA)                                  Christopher M. Provance (NE)                          No. FMCSA–2012–0219. Their


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                                                  80166                      Federal Register / Vol. 81, No. 220 / Tuesday, November 15, 2016 / Notices

                                                  exemptions are effective as of October                  drivers are not currently achieving the                 Issued on: November 1, 2016.
                                                  31, 2016, and will expire on October 31,                statutory level of safety should                      Larry W. Minor,
                                                  2018.                                                   immediately notify FMCSA. The                         Associate Administrator for Policy.
                                                    Each of the 117 drivers in the                        Agency will evaluate any adverse                      [FR Doc. 2016–27396 Filed 11–14–16; 8:45 am]
                                                  aforementioned groups qualifies for a                   evidence submitted and, if safety is                  BILLING CODE 4910–EX–P
                                                  renewal of the exemption. They have                     being compromised or if continuation of
                                                  maintained their required medical                       the exemption would not be consistent
                                                  monitoring and have not exhibited any                   with the goals and objectives of 49                   DEPARTMENT OF VETERANS
                                                  medical issues that would compromise
                                                                                                          U.S.C. 31136(e) and 31315, FMCSA will                 AFFAIRS
                                                  their ability to safely operate a CMV
                                                                                                          take immediate steps to revoke the
                                                  during the previous 2-year exemption                                                                          Tribal Health Programs—Community
                                                  period.                                                 exemption of a driver.
                                                                                                                                                                Care Consolidation
                                                    These factors provide an adequate                     Submitting Comments
                                                  basis for predicting each driver’s ability                                                                    AGENCY:   Department of Veterans Affairs.
                                                  to continue to drive safely in interstate                  You may submit your comments and                   ACTION:   Notice of tribal consultation.
                                                  commerce. Therefore, FMCSA                              material online or by fax, mail, or hand
                                                  concludes that extending the exemption                  delivery, but please use only one of                  SUMMARY:   The Department of Veterans
                                                  for each of the 117 drivers for a period                                                                      Affairs (VA), Veterans Health
                                                                                                          these means. FMCSA recommends that
                                                  of two years is likely to achieve a level                                                                     Administration (VHA) will facilitate a
                                                                                                          you include your name and a mailing                   Tribal Consultation on VHA’s effort to
                                                  of safety equal to that existing without                address, an email address, or a phone
                                                  the exemption. The drivers were                                                                               improve continuity of care and health
                                                                                                          number in the body of your document                   care access for Veterans by
                                                  included in docket numbers FMCSA–                       so that FMCSA can contact you if there
                                                  2010–0247; FMCSA–2012–0128;                                                                                   consolidating multiple community care
                                                                                                          are questions regarding your                          programs, previously known as non-VA
                                                  FMCSA–2012–0217; FMCSA–2012–                            submission.
                                                  0219; FMCSA–2014–0021.                                                                                        care, into one standard program with
                                                                                                             To submit your comment online, go to               standard rates. In October 2015, VA
                                                  Request for Comments                                    http://www.regulations.gov and in the                 submitted to Congress the Plan to
                                                     FMCSA will review comments                           search box insert the docket numbers                  Consolidate Programs of Department of
                                                  received at any time concerning a                       FMCSA–2010–0247; FMCSA–2012–                          Veterans Affairs to Improve Access to
                                                  particular driver’s safety record and                   0128; FMCSA–2012–0217; FMCSA–                         Care, http://www.va.gov/opa/
                                                  determine if the continuation of the                    2012–0219; FMCSA–2014–0021 and                        publications/VA_Community_Care_
                                                  exemption is consistent with the                        click the search button. When the new                 Report_11_03_2015.pdf, which lays out
                                                  requirements at 49 U.S.C. 31136(e) and                                                                        the vision for a consolidated community
                                                                                                          screen appears, click on the blue
                                                  31315. However, FMCSA requests that                                                                           care program that is easy to understand,
                                                                                                          ‘‘Comment Now!’’ button on the right
                                                  interested parties with specific data                                                                         simple to administer, and meets the
                                                                                                          hand side of the page. On the new page,               needs of Veterans, community
                                                  concerning the safety records of these                  enter information required including the
                                                  drivers submit comments by December                                                                           providers, and VA staff. As VA
                                                                                                          specific section of this document to                  continues to move forward with
                                                  15, 2016.
                                                     FMCSA believes that the                              which each comment applies, and                       implementing the vision of the Plan, we
                                                  requirements for a renewal of an                        provide a reason for each suggestion or               again seek tribal input to assist VA in
                                                  exemption under 49 U.S.C. 31136(e) and                  recommendation. If you submit your                    developing the network of providers in
                                                  31315 can be satisfied by initially                     comments by mail or hand delivery,                    a manner that would build on VA’s
                                                  granting the renewal and then                           submit them in an unbound format, no                  existing relationships with tribal health
                                                  requesting and evaluating, if needed,                   larger than 81⁄2 by 11 inches, suitable for           programs and facilitate future
                                                  subsequent comments submitted by                        copying and electronic filing. If you                 collaboration to improve health care
                                                  interested parties. As indicated above,                 submit comments by mail and would                     services provided to all eligible, VA-
                                                  the Agency previously published                         like to know that they reached the                    enrolled Veterans, regardless of whether
                                                  notices of final disposition announcing                 facility, please enclose a stamped, self-             they are eligible for Indian Health
                                                  its decision to exempt these 117                        addressed postcard or envelope.                       Service-funded health care or not. We
                                                  individuals from rule prohibiting                                                                             are seeking tribal consultation regarding
                                                                                                             We will consider all comments and                  the tribal health programs’ participation
                                                  persons with ITDM from operating                        material received during the comment
                                                  CMVs in interstate commerce in 49 CFR                                                                         in the core provider network, as
                                                                                                          period. FMCSA may issue a final                       outlined in the Plan, and potentially
                                                  391.41(b)(3). The final decision to grant               determination at any time after the close
                                                  an exemption to each of these                                                                                 transitioning from the current
                                                                                                          of the comment period.                                reimbursement agreement structure to a
                                                  individuals was made on the merits of
                                                  each case and made only after careful                   Viewing Comments and Documents                        model under which tribal health
                                                  consideration of the comments received                                                                        programs deliver care to all eligible, VA
                                                  to its notices of applications. The                        To view comments, as well as any                   enrolled Veterans, using a standard
                                                  notices of applications stated in detail                documents mentioned in this preamble,                 reimbursement rate based on Medicare
                                                  the medical condition of each applicant                 go to http://www.regulations.gov and in               rates.
                                                  for an exemption from rule prohibiting                  the search box insert the docket number               DATES: Comments must be received by
                                                  persons with ITDM from operating                        FMCSA–2010–0247; FMCSA–2012–                          VA on or before November 30, 2016.
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                                                  CMVs in interstate commerce. That                       0128; FMCSA–2012–0217; FMCSA–                         ADDRESSES: Written comments should
                                                  information is available by consulting                  2012–0219; FMCSA–2014–0021 and                        be submitted by email at
                                                  the above cited Federal Register                        click ‘‘Search.’’ Next, click ‘‘Open                  Tribalgovernmentconsultation@va.gov,
                                                  publications.                                           Docket Folder’’ and you will find all                 by fax at 202–273–5716, or by mail at
                                                     Interested parties or organizations                  documents and comments related to this                U.S. Department of Veterans Affairs,
                                                  possessing information that would                       notice.                                               Suite 915L, 810 Vermont Avenue NW.,
                                                  otherwise show that any, or all, of these                                                                     Washington, DC 20420.


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Document Created: 2016-11-15 00:48:00
Document Modified: 2016-11-15 00:48:00
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of renewal of exemptions; request for comments.
DatesEach group of renewed exemptions are effective from the dates stated in the discussions below. Comments must be received on or before December 15, 2016.
ContactMs. 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.
FR Citation81 FR 80164 

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